What is the difference between a Defence and a Defendant's Claim?

A Defence (Form 9A) answers the plaintiff's claim and says what you dispute or admit (rule 9.01; rule 9.03). A Defendant's Claim (Form 10A) is your own claim for money or property against the plaintiff or another person, from the same events (rule 10.01). You can file both. The Defence stops a default (rule 11.01). The Defendant's Claim has its own fee and its own 20-day window (rule 10.01(2); O. Reg. 332/16).

Can I file Form 10A after 20 days?

Yes, with leave of the court. The rule allows a Defendant's Claim within 20 days after the Defence is filed (rule 10.01(2)). Later, you need the court's permission, at any time before trial or default judgment (rule 10.01(2)). Ask for leave by a motion on Form 15A [VERIFY]. Explain the delay, and show that the claim relates to the plaintiff's claim (rule 10.01).

Is a Defendant's Claim the same as a counterclaim?

In practice, yes. The Ontario Small Claims Court calls a counterclaim a Defendant's Claim (Form 10A). The same form also covers a claim against a third person who is not yet a party, which other courts call a third party claim (rule 10.01). The court hears it together with the plaintiff's claim [VERIFY]. The same $50,000 limit applies (O. Reg. 626/00 s. 1).

Do I need a lawyer to fill out Form 10A?

No. You can fill Form 10A yourself, and the free interview fills the official form from your answers. A licensed paralegal or lawyer can represent you if you want one (Law Society Act s. 26.1; By-Law 4). The costs the court can order for representation are capped at 15% of the amount claimed (Courts of Justice Act s. 29). The Defence Package ($49) tightens the reasons in your Defence.

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Ontario Small Claims Court · For the defendant · rule 10.01(2)

Form 10A: Defendant's Claim

Form 10A is the Defendant's Claim, the form a defendant uses to make their own claim in the same Ontario Small Claims Court action (rule 10.01). The claim can be against the plaintiff, another person, or both, and must relate to the plaintiff's claim (rule 10.01). File it within 20 days after your Defence is filed; after that you need leave of the court (rule 10.01(2)). The $50,000 limit applies to it (O. Reg. 626/00 s. 1).

Fill Form 10A, free The official PDF (ontariocourtforms.on.ca)

When you use it

• Use it when the plaintiff owes you money from the same deal or the same events (rule 10.01).
• Use it to bring in another person who is responsible for what the plaintiff claims from you (rule 10.01).
• File it within 20 days after you file your Defence (rule 10.01(2)).
• After 20 days, ask the court for leave, which it can grant before trial or default judgment (rule 10.01(2)).

The facts

Rule: rule 10.01(2), O. Reg. 258/98
Court fee: $108 (O. Reg. 332/16, as stored 2026-01-06)
Official revision: Aug 2022
Who files it: For the defendant

How this site fills it

The free Form 10A interview asks who you claim against, what happened, and the amount. It fills the official PDF and adds Form 1A when you claim against both the plaintiff and another person.

Fill Form 10A, free

How to complete and file Form 10A

01
File your Defence (Form 9A) first (rule 9.01).
02
Complete Form 10A within 20 days after the Defence is filed (rule 10.01(2)).
03
Name each party by its full legal name, and state the facts, the dates, and the amount (rule 10.01).
04
Attach copies of the documents you rely on, or explain why you cannot [VERIFY rule 10.01(4)].
05
File it with the clerk, and pay the fee (rule 10.01(2); O. Reg. 332/16).
06
Serve the issued claim on each party it names, and prove service with Form 8A (rule 8.09.1(2)) [VERIFY the service deadline].

Questions people ask about Form 10A

What is the difference between a Defence and a Defendant's Claim?: A Defence (Form 9A) answers the plaintiff's claim and says what you dispute or admit (rule 9.01; rule 9.03). A Defendant's Claim (Form 10A) is your own claim for money or property against the plaintiff or another person, from the same events (rule 10.01). You can file both. The Defence stops a default (rule 11.01). The Defendant's Claim has its own fee and its own 20-day window (rule 10.01(2); O. Reg. 332/16).
Can I file Form 10A after 20 days?: Yes, with leave of the court. The rule allows a Defendant's Claim within 20 days after the Defence is filed (rule 10.01(2)). Later, you need the court's permission, at any time before trial or default judgment (rule 10.01(2)). Ask for leave by a motion on Form 15A [VERIFY]. Explain the delay, and show that the claim relates to the plaintiff's claim (rule 10.01).
Is a Defendant's Claim the same as a counterclaim?: In practice, yes. The Ontario Small Claims Court calls a counterclaim a Defendant's Claim (Form 10A). The same form also covers a claim against a third person who is not yet a party, which other courts call a third party claim (rule 10.01). The court hears it together with the plaintiff's claim [VERIFY]. The same $50,000 limit applies (O. Reg. 626/00 s. 1).
Do I need a lawyer to fill out Form 10A?: No. You can fill Form 10A yourself, and the free interview fills the official form from your answers. A licensed paralegal or lawyer can represent you if you want one (Law Society Act s. 26.1; By-Law 4). The costs the court can order for representation are capped at 15% of the amount claimed (Courts of Justice Act s. 29). The Defence Package ($49) tightens the reasons in your Defence.

Legal information, not legal advice. Rules are from the Rules of the Small Claims Court, O. Reg. 258/98; fees from O. Reg. 332/16 as stored 2026-01-06. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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