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Ontario|Small Claims CourtDefending a Lawsuit 547 Defendant's claim A defendant who is sued sometimes has a claim of their own against the plaintiff that sued them, or against somebody else. If you are sued, you may file a claim of your own by filling out a form called a "Defendant's claim". A defendant's claim is a separate claim made by the defendant against the plaintiff or some other person.
- Defendant's claim against the plaintiff
Sometimes, two people both have a reason to sue each other. If you are being sued by someone and you have a reason to sue them, you can start a separate lawsuit against that person. However, in most cases both lawsuits can be heard at the same time, so that all the issues can be resolved at once. For both lawsuits to be heard together by the same judge, the defendant of the first lawsuit needs to file a defendant's claim.
By filing a Defendant's claim, it is as if the defendant is bringing a separate lawsuit against the plaintiff, except that the two lawsuits are joined together. If you believe that the person suing you owes you money or is at fault for something, you should make a Defendant's claim against that person as well as filling out a Statement of Defence. Although a Defendant's claim may be about a different problem than the plaintiff's lawsuit, it can usually be heard at the same trial.
- Defendant's claim against a person other than the plaintiff
Sometimes a plaintiff does not sue the right person. If you are being sued and you believe that another person is responsible for all or part of what the plaintiff is claiming, then you may be able to bring that third person into the lawsuit. You may bring the third person into the lawsuit by filling out a Defendant's claim.
There is a filing fee for making a Defendant's claim. For more information on how to complete and file a Defendant's claim, refer to other sections of Legal Line .
If you are unsure about how to fill in a Defendant's claim, the staff at the Small Claims Court can provide you with the form and with printed information on how to fill it out.
For legal advice, you should contact a lawyer.
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