Any natural or legal person can be sued at the Small Claims Division, but in some cases the defendant must be represented by a designated person.
Indicate what you intend to do
Defendants have a time limit to indicate the option they have chosen, using the on-line form.
Defending on the merits
To defend a case on the merits, the defendant must use the prescribed form and pay the judicial fees.
Gather together all the exhibits (documents) that will serve as evidence and give them to the clerk by the deadline.
A cross-application allows the defendant to challenge an unjustified claim and also make a cross-application against the plaintiff.
The defendant and the plaintiff can negotiate to reach an out-of-court settlement even after the response form is sent.
Response form to an action at the Small Claims Division (SJ-871E)
Completing the electronic response form makes filing with the courthouse easier. This form is for people against whom a claim is filed (defendants).
Referral of an application to another district or court
Asking for the case to be heard in another territory than the one where the application was filed.
Transfer of a case to the Small Claims Division
Request to transfer a case from the Civil Division or municipal court to the Small Claims Division.
Payment of the amount claimed
A defendant who agrees to pay the amount claimed can do so directly to the plaintiff or to the clerk, including the amount of the plaintiff’s judicial fees.
Mediation and arbitration
Free hours with a mediator to settle a small claim out-of-court. Mediation can help untangle many a conflict!
Last update: February 23, 2023