Canada · Ontario Small Claims Court
When must I serve and file an Ontario Small Claims Court defence?
Within 20 days after being served with the plaintiff claim, serve Form 9A on every other party and file the defence with proof of service with the clerk. Court variation or filed consent can change the period. This is the Small Claims Court rule, not the Superior Court intent-to-defend procedure.
- Period
- 20 days after effective claim service
- Trigger
- Established effective plaintiff-claim service date
- Rule
- Rules of the Small Claims Court rule 9.01
Ontario Regulation 258/98, consolidation from October 14, 2025, last amendment O. Reg. 227/25.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which plaintiff-claim service event starts the 20 days?
Within 20 days after being served with the plaintiff claim, serve Form 9A on every other party and file the defence with proof of service with the clerk. Court variation or filed consent can change the period. This is the Small Claims Court rule, not the Superior Court intent-to-defend procedure.
Responsible actor. A defendant who wishes to dispute a plaintiff claim in Ontario Small Claims Court.
Identify the plaintiff claim and the defendant who wishes to dispute it.
Establish effective service under the applicable rule 8 provision. Check substituted service, outside-Ontario service and any service order separately.
Rule 9.01 requires service on every other party. Identify all recipients rather than assuming the plaintiff is the only other party.
Read actual filed consent, court variation and the current default record.
Use a defence to the original Small Claims plaintiff claim after establishing effective service. The period remains 20 days regardless of the service-place branches used in Superior Court.
Rules of the Small Claims Court rule 9.01How do Small Claims computation and holidays work?
- Establish the effective service date and the applicable ordinary branch.
- Exclude the service day. Count the selected calendar-day period.
- Adjust a final holiday or qualifying office closure under the governing instrument.
- Complete each required service and accepted filing act, preserving proof.
Rule 3.01 excludes the first day, includes the last and moves a final holiday to the next non-holiday. The 20-day count includes intermediate weekends and holidays. There is no seven-day short-period exception in this Small Claims computation rule.
Rule 1.02 defines holiday to include Saturdays, Sundays, named holidays, specified substitute holidays and special proclaimed holidays. The bundled Ontario calendar covers 2025 through 2027. Verify extra closures and the receiving office.
Rules of the Small Claims Court rules 1.02 and 3.01What do independent deadline examples show?
Fictitious example
Fictitious established effective service on July 06, 2026 in Ontario Small Claims. The ordinary branch governs, with no variation or extra closure.
| Step | What is counted | Date |
|---|---|---|
| Ordinary selected branch | Exclude service on 2026-07-06. Count 20 consecutive days through 2026-07-26. Final closed dates 2026-07-26 carry the office filing endpoint to 2026-07-27. | Monday, July 27, 2026 |
| Final holiday or office closure | Exclude service on 2026-08-18. Count 20 consecutive days through 2026-09-07. Final closed dates 2026-09-07 carry the office filing endpoint to 2026-09-08. | Tuesday, September 8, 2026 |
| Established service condition | The claim was dispatched July 6, but the operative service date is independently established as July 10 under the actual service record. Dispatch is not substituted for that established event. Exclude service on 2026-07-10. Count 20 consecutive days through 2026-07-30. No final closed-day adjustment is needed. | Thursday, July 30, 2026 |
Fictitious independently established service facts in 2026 and 2027. No contrary order, operative consent or additional closure applies. These examples do not prove effective service, default status, filing acceptance or completion of service.
Try these dates in the calculatorWhich consent, default and different-claim branches need separate checks?
- Filed consent or court variation
- Rule 3.02 permits court variation and variation by filing the parties consent. Enter or check the actual operative terms separately.
- Default is a separate step
- Rule 11 governs noting in default, its consequences and setting it aside. The calculated ordinary date does not prove noting or judgment.
- Defendant claim is separate
- Rule 10 addresses the defendant claim and a defence to it. This guide covers rule 9.01 and the original plaintiff claim.
- Filing channel and acceptance
- The Toronto Public Portal and Submissions Online rules have different application provisions. Submission or Case Center upload alone does not prove accepted filing.
- Use a defence to the original Small Claims plaintiff claim after establishing effective service. The period remains 20 days regardless of the service-place branches used in Superior Court.
- The tool calculates the ordinary 20 days only. It does not decide effective service, an actual consent or court order, default state or filing acceptance.
What must I serve on every other party and file with the clerk?
Questions about Ontario Small Claims defence filing
When must I serve and file an Ontario Small Claims Court defence?
Must I serve only the plaintiff?
Rule 9.01 says every other party. Identify the complete party list. File the defence with proof of service with the clerk.
Rules of the Small Claims Court rule 9.01Can I add ten days with an Ontario notice of intent to defend?
Superior Court rule 18.02 is a different procedure. Small Claims rule 9.01 uses its own 20 days. Check actual rule 3.02 relief or filed consent instead.
Rules of the Small Claims Court rules 3.02 and 9.01Do weekends count in the 20 days?
Yes. Rule 3.01 excludes the first day and includes the last. Intermediate weekends and holidays count. A final holiday moves to the next non-holiday.
Rules of the Small Claims Court rules 1.02 and 3.01Is an online submission automatically filed?
No. Rule 1.05.4 requires clerk confirmation for Submissions Online and uses its indicated date. That route does not apply to Toronto proceedings; check rule 1.05.5 and the applicable portal.
Rules of the Small Claims Court rules 1.05.4 and 1.05.5What must accompany a document-based defence?
Rule 9.02 requires a copy of the document with each copy of the defence. If unavailable, explain why it is not attached. Rule 9.01 separately requires proof of service when filing.
Rules of the Small Claims Court rules 9.01 and 9.02Does the ordinary deadline decide whether default can be set aside?
No. Rule 11 governs the default record and relief. The calculator does not decide whether the defendant was noted in default or whether relief will be granted.
Rules of the Small Claims Court rule 11Official sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| Rules of the Small Claims Court rule 9.01 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 1.02 and 3.02 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 8, 8.09.1, 9.02 and 11 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 1.05.4, 1.05.5 and 1.05.6 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of Civil Procedure rule 18.01 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Supreme Court Civil Rules rule 3-3(1)–(3) | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 1.02 and 3.01 | Exclude the service day, count the selected period and check final holidays and office closure |
| Rules of the Small Claims Court rule 3.02 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rule 11 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 9.01 and 10 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 1.05.4–1.05.6 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 3.02 and 9.01 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 1.05.4 and 1.05.5 | The identified act, trigger, conditions, filing boundary and edition qualification |
| Rules of the Small Claims Court rules 9.01 and 9.02 | The identified act, trigger, conditions, filing boundary and edition qualification |