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Ontario|Small Claims CourtDefending a Lawsuit 548 Filing a Statement of Defence To fight a lawsuit in Small Claims Court, you must file your Statement of Defence within 20 days of being served by submitting the completed form to the Small Claims Court office with the $25 filing fee. After a Statement of Defence is filed, it will be sent by the court to the other people involved in the lawsuit.
If you want to sue the plaintiff for something, or if you want to bring another person into the lawsuit, you should file the Defendant's claim at the same time as you file the Statement of Defence. The Defendant's claim must be served by you. For information on how to serve the Defendant's claim, refer to the information on serving a Statement of Claim available on Legal Line .
Once the Statement of Defence has been filed, the Small Claims Court office may set a date for a trial or a pre-trial conference. A trial date will only be set upon the request of the plaintiff and payment by the plaintiff of the $100 fee to set an action down for trial.
Everyone involved in the lawsuit will receive by mail a special form called a Notice of Trial or a Notice of Pre-Trial Conference. You should read the Notice carefully. It will tell you the date, time and location of the trial or the pre-trial conference.
For additional information about filing and serving your Small Claim forms and documents, you can contact the Small Claims Court listed on the Legal Line Guide or website, or in the Blue pages of your telephone book.
BEFORE GOING TO TRIAL
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