DEFENDANT.docx

DEFENDANT'S CLAIM\ Rule 10.01(4)(5) outlines what a Defendant's Claim should include:\ ± The full names of the parties to the defendant\'s claim and, if relevant, the capacity in which they sue or\ are sued.\ ± The nature of the claim, expressed in concise non-technical language with a reasonable am...

DEFENDANT'S CLAIM\ Rule 10.01(4)(5) outlines what a Defendant's Claim should include:\ ± The full names of the parties to the defendant\'s claim and, if relevant, the capacity in which they sue or\ are sued.\ ± The nature of the claim, expressed in concise non-technical language with a reasonable amount of\ detail, including the date, place and nature of the occurrences on which the claim is based.\ ± The amount of the claim and the relief requested.\ ± If the defendant is self-represented, their name, address and telephone number, and fax number if any.\ ± If the defendant is represented, the representative\'s name, address and telephone number, fax number if\ any, and their Law Society of Ontario registration number if any.\ ± The address where the defendant believes each person against whom the claim is made may be served.\ ± The court file number assigned to the main action.\ ± If the defendant\'s claim is based in whole or in part on a document, a copy of the document shall be\ attached to each copy of the claim, unless it is unavailable, in which case the claim shall state the\ reason why the document is not attached.\ Tricia D. Hannigan, B.Sc. (Hons.), LL.B., LL.M. ©2024 DEFENDANT'S CLAIM\ °A Defendant\'s Claim will normally be heard in the same trial as the original\ claim, though the court can order otherwise if \"it appears that a defendant\'s\ claim may unduly complicate or delay the trial of the action or cause undue\ prejudice to a party\" \[R10.04\](1)(2)\ °Where a Defendant\'s Claim is made against a \"third party\" (ie. someone not\ yet a party) and alleges that the third party is responsible for all or part of\ the damages claimed against the Defendant in the main action, the third\ party may participate in the trial proceeding to contest the main claim\ against the Defendant, but only if they have filed a Defence to the\ Defendant\'s Claim against them \[R10.04(3)\]\ Tricia D. Hannigan, B.Sc. (Hons.), LL.B., LL.M. ©2024 DEFENDING A DEFENDANT'S CLAIM\ °As they serve essentially the same purpose, the same general\ principles that apply to serving and filing a Defence to a\ Plaintiff\'s Claim also apply to a Defence to a Defendant\'s Claim\ \[R10.05\]\ °The Defence should be served, and filed with the court, within\ 20 days after service of the Defendant\'s Claim \[R10.03\].\ °The same form is used (Defence Form -- 9A), but can be\ amended to read \"Defence to Defendant\'s Claim\"\ Tricia D. Hannigan, B.Sc. (Hons.), LL.B., LL.M. ©2024 DEFENDING A DEFENDANT'S CLAIM\ °Normal default judgment rules do not apply against Defendant\'s\ Claims.\ °Judgment on Defendant\'s Claims may only be obtained at trial or\ on motion \[R10.05(2); R11.04\].\ °When a third party who is not yet named in the litigation is served\ with a Defendant\'s Claim, they may want to \'defend\' against the\ main Plaintiff\'s Claim as well. This is allowed for in R10.03.\ Tricia D. Hannigan, B.Sc. (Hons.), LL.B., LL.M. ©2024 WHAT IF THE MAIN ACTION IS DISMISSED?\ °If the main action has been dismissed, the defendant\'s\ claim shall be automatically dismissed by the clerk 60\ days after the Order dismissing the main action is served,\ except where a court orders otherwise during that 60 day\ period \[R11.1.02\]\ Tricia D. Hannigan, B.Sc. (Hons.), LL.B., LL.M. ©2024 REPLIES\ °A Reply is filed by a plaintiff and only address new issues and\ \"affirmative defences\" raised in the Defence.\ °\"Replies\" are not a formal part of the Small Claims Court\ procedure. As a matter of practice in Small Claims court, any new\ fact pleadings and affirmative defences asserted by a defendant in\ a Defence will be deemed to be denied by the plaintiff unless the\ plaintiff otherwise advises the court and other parties -- (perhaps\ even by simple letter).