Ontario Small Claims Court · For the defendant · rule 9.01
Form 9A: Defence
Form 9A is the Defence, the document a defendant files to dispute a claim in the Ontario Small Claims Court (rule 9.01). You must file it within 20 days after you are served with the claim (rule 9.01). You can dispute all of the claim, dispute part of it, or admit it and propose terms of payment (rule 9.03). To count the 20 days, exclude the day of service and include the last day (rule 3.01).
When you use it
- • Use it when you were served with a Plaintiff's Claim (Form 7A) and you dispute all or part of it (rule 9.01).
- • Use it when you admit the claim but want to pay over time, and propose the terms on the form (rule 9.03).
- • Use it to answer a Defendant's Claim (Form 10A) that names you [VERIFY rule 10.03].
- • File it before the clerk notes you in default, or you need a motion to set the default aside (rule 11.06).
The facts
- Rule
- rule 9.01, O. Reg. 258/98
- Court fee
- $77 (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 9A interview asks what you dispute, what you admit, and any payment terms you propose. It fills the official PDF, with the payment rows.
Fill Form 9A, freeHow to complete and file Form 9A
01
Find the date you were served, and count 20 days from it (rule 9.01; rule 3.01).
02
Decide what you dispute, what you admit, and whether you propose payment terms (rule 9.03).
03
Write the reasons for the Defence in numbered paragraphs, with the facts, the dates, and the amounts.
04
Attach copies of the documents you rely on, or say why you cannot [VERIFY rule 9.02].
05
File the Defence with the clerk of the court named on the claim, and pay the fee (rule 9.01; O. Reg. 332/16).
06
File online through Submissions Online outside Toronto (rule 1.05.4) or the Ontario Courts Public Portal in Toronto (rule 1.05.5).
07
If the plaintiff owes you money, file a Defendant's Claim (Form 10A) within 20 days after the Defence (rule 10.01(2)).
Questions people ask about Form 9A
- How many days do I have to file Form 9A?
- 20 days after you were served with the claim (rule 9.01). Count the days: exclude the day of service and include the last day (rule 3.01). A last day on a holiday moves to the next day that is not a holiday (rule 3.01). If you miss the deadline, the plaintiff can ask the clerk to note you in default (rule 11.01). A late Defence then needs a motion to set the default aside (rule 11.06).
- What happens if I do not file a Defence?
- The plaintiff can ask the clerk to note you in default once proof of service is filed (rule 11.01). For a debt or a fixed amount, the clerk can sign default judgment against you (rule 11.02). For other claims, the plaintiff asks for an assessment of damages (rule 11.03). The judgment can be enforced by garnishment of wages or a bank account (rule 20.08), or by a writ against your goods (rule 20.06). You can move to set a default aside (rule 11.06).
- Can I admit the claim and pay in instalments?
- Yes. On Form 9A you can admit all or part of the claim and propose terms of payment, such as monthly amounts (rule 9.03). The plaintiff has 20 days to dispute the terms with a Request to Clerk (Form 9B) (rule 9.03(3)). If the plaintiff disputes them, the court decides the terms at a terms of payment hearing [VERIFY]. The free interview fills the payment rows on the form.
- Do I need a lawyer to file Form 9A?
- No. You can fill and file the Defence yourself, and the free interview fills the official form. A licensed paralegal or lawyer can represent you in Small Claims Court if you want one (Law Society Act s. 26.1; By-Law 4). Costs for the other side's representation are capped at 15% of the amount claimed (Courts of Justice Act s. 29). The Defence Package ($49) tightens your reasons and does the payment-proposal math.
- Where do I file Form 9A?
- File it with the clerk of the court where the claim was filed; the court location is printed on the claim (rule 9.01). Outside Toronto, file through Small Claims Court Submissions Online (rule 1.05.4). In Toronto, use the Ontario Courts Public Portal (rule 1.05.5). Pay the fee when you file, or apply for a fee waiver (O. Reg. 332/16; O. Reg. 2/05). The clerk sends a copy of the filed Defence to the plaintiff [VERIFY].
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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