If you believe that the plaintiff’s claim is unjustified and that, in addition, you have a claim to make against the plaintiff, you can state this as part of your defence.

This is known as a “cross-application”. For it to be valid,

  • your claim must arise from the same source as the application or from a related source;
  • your claim cannot be for more than $15,000.

Amendment of a cross-application

To amend you cross-application before the hearing, you must use the form Formulaire de réponse aux petites créances.

You can also amend your cross-application in person, on the day of the hearing. The judge will decide whether the amendment is admissible.

Defending a cross-application

There is no form for defending a cross-application. A plaintiff who receives a cross-application can make comments in writing, which will be filed as an exhibit in the record.

Last update: February 23, 2023


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