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Small Claims Defence — Reasons & Particulars (Canada)
Being served with a Canadian small claim starts two problems at once. The first is a clock: 20 days to file a Defence (Form 9A) in Ontario, 20 days for Alberta's Dispute Note (30 if served outside Alberta), and just 14 days in British Columbia — whether the claim sits at the online Civil Resolution Tribunal or the Provincial Court. Miss it and the case is decided without you: default judgment, enforceable like any other. The second is structure: "I disagree" defends nothing. Our Canadian template handles both — the province-correct deadline computed from your service date, then the defence judges actually credit: every allegation answered admitted, denied or no-knowledge with a reason, the principal defence built element by element, and the counterclaim, set-off and payment-terms mechanisms most self-represented defendants never find.
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Defence — Reasons and Particulars
Supporting Narrative For The Defence (Form 9A) · June 11, 2026
Sofia E. Marchetti
36 Latimer Avenue, Toronto ON M5N 2L8
+1 (416) 555-0129
sofia.marchetti@email.ca
June 11, 2026
Small Claims Court (Ontario)
Court file: SC-26-00004571-0000
RE: DEFENCE — REASONS AND PARTICULARS OF THE DEFENDANT
Ontario · File SC-26-00004571-0000
These are the reasons and particulars of the defence of Sofia E. Marchetti (the "Defendant") to the claim of GTA Paving and Sealing Inc. for $14,200.00. In one line: the Defendant admits part of the claim and disputes the balance. This document is prepared to be attached to, or copied into, the response form. It does not replace the form, and it does not stop the clock — the form itself must be filed within the deadline below.
1.
THE PROCEEDING AND THE DEADLINE
Defendant: Sofia E. Marchetti, of 36 Latimer Avenue, Toronto ON M5N 2L8
Plaintiff: GTA Paving and Sealing Inc.
Amount claimed: $14,200.00
Court file: SC-26-00004571-0000
Served: June 2, 2026
The clock: in Ontario, the response is a Defence (Form 9A), filed within 20 days of being served — the filing fee is $77, and the form carries its own section for admitting all or part of the claim and proposing payment terms — counted here from June 2, 2026. A defendant who files nothing within that period faces default judgment: the claim is decided without the defence ever being heard, and the judgment is enforced like any other.
Plaintiff: GTA Paving and Sealing Inc.
Amount claimed: $14,200.00
Court file: SC-26-00004571-0000
Served: June 2, 2026
The clock: in Ontario, the response is a Defence (Form 9A), filed within 20 days of being served — the filing fee is $77, and the form carries its own section for admitting all or part of the claim and proposing payment terms — counted here from June 2, 2026. A defendant who files nothing within that period faces default judgment: the claim is decided without the defence ever being heard, and the judgment is enforced like any other.
2.
POSITION ON THE CLAIM
The Defendant admits $4,000.00 of the claim and disputes the balance. Admitting what is truly owed is not weakness — it narrows the dispute to the part that is actually contested, and it reads as credibility on everything else.
In brief: The driveway and walkway work invoiced at $14,200.00 was left defective: ponding across the centre of the driveway, edges that crumbled within three weeks, and a walkway slope that drains toward the foundation. Two written defect notices went unanswered. The Defendant admits $4,000.00 as the fair value of the usable part of the work and disputes the balance.
In brief: The driveway and walkway work invoiced at $14,200.00 was left defective: ponding across the centre of the driveway, edges that crumbled within three weeks, and a walkway slope that drains toward the foundation. Two written defect notices went unanswered. The Defendant admits $4,000.00 as the fair value of the usable part of the work and disputes the balance.
3.
RESPONSE TO THE CLAIM, PARAGRAPH BY PARAGRAPH
Each allegation in the claim is answered in one of three ways — admitted, denied, or outside the Defendant's knowledge — with the reason beside it:
1. "The work was completed in a good and workmanlike manner (claim, para 3)" — denied — ponding, crumbling edges and a walkway draining toward the foundation are documented in dated photographs from May 8 and May 30, 2026
2. "The contract price of $14,200.00 was agreed (claim, para 2)" — admitted — the signed quote of April 14, 2026 states it
3. "The Defendant refused to allow remediation (claim, para 5)" — denied — the Defendant's notices of May 9 and May 31 invited the plaintiff to inspect and fix; neither was answered
General denial: every allegation not expressly admitted above is denied, and the plaintiff is put to proof of it.
1. "The work was completed in a good and workmanlike manner (claim, para 3)" — denied — ponding, crumbling edges and a walkway draining toward the foundation are documented in dated photographs from May 8 and May 30, 2026
2. "The contract price of $14,200.00 was agreed (claim, para 2)" — admitted — the signed quote of April 14, 2026 states it
3. "The Defendant refused to allow remediation (claim, para 5)" — denied — the Defendant's notices of May 9 and May 31 invited the plaintiff to inspect and fix; neither was answered
General denial: every allegation not expressly admitted above is denied, and the plaintiff is put to proof of it.
4.
THE DEFENCE, ELEMENT BY ELEMENT
The principal defence is defective work or goods. What carries it is what was promised, what was actually delivered, the defects with dates and photographs, when the defendant gave notice of them, and what a competent fix costs — the price abates with the defects.
The facts of this defence: The asphalt was laid on May 6-7, 2026. By May 8 water ponded across the centre span; by May 30 the east edge had crumbled along roughly four metres. Written defect notices with photographs were emailed on May 9 and May 31, 2026, each offering access for inspection and repair. Neither was answered. An independent paving contractor inspected on June 4, 2026 and quoted $9,800.00 to lift and re-lay the defective sections to grade.
The documents behind it: Signed quote (April 14, 2026); dated photographs (May 8 and May 30, 2026); defect notice emails (May 9 and May 31, 2026); independent inspection and re-lay quote (June 4, 2026).
The facts of this defence: The asphalt was laid on May 6-7, 2026. By May 8 water ponded across the centre span; by May 30 the east edge had crumbled along roughly four metres. Written defect notices with photographs were emailed on May 9 and May 31, 2026, each offering access for inspection and repair. Neither was answered. An independent paving contractor inspected on June 4, 2026 and quoted $9,800.00 to lift and re-lay the defective sections to grade.
The documents behind it: Signed quote (April 14, 2026); dated photographs (May 8 and May 30, 2026); defect notice emails (May 9 and May 31, 2026); independent inspection and re-lay quote (June 4, 2026).
5.
COUNTERCLAIM AND SET-OFF
The Defendant does not file a separate claim, but sets off $9,800.00 against anything found owing — mutual debts from the same dealings reduce each other, and judgment, if any, should be for the net.
Basis of the set-off: The cost of lifting and re-laying the defective sections, per the independent quote of June 4, 2026 — money the Defendant must spend to receive what the contract priced at $14,200.00.
Basis of the set-off: The cost of lifting and re-laying the defective sections, per the independent quote of June 4, 2026 — money the Defendant must spend to receive what the contract priced at $14,200.00.
6.
PAYMENT PROPOSAL AND CONSEQUENCE MANAGEMENT
No payment proposal accompanies this defence — the claim is disputed, not rescheduled. The Defendant remains open to a documented resolution in writing; a written settlement proposal can follow under separate cover, and nothing in this defence is weakened by that door being open.
7.
USE OF THIS DOCUMENT
This narrative supports the Defence (Form 9A) and the proceeding it answers. It is the Defendant's single, complete statement of the defence — the same facts, in the same order, that the court, the plaintiff and any settlement discussion will work from. It does not replace the form, and only the filed form stops the default clock.
RESPECTFULLY,
Sofia E. Marchetti
Defendant
Date: ____________________
DEFENDANT
Sofia E. Marchetti
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Small Claims Defence Support Document?
It is the defendant's structured narrative — the reasons and particulars behind the response form that Canadian courts require within days of service. The forms themselves are short and unforgiving: Ontario's Defence (Form 9A, $77 filing fee, due in 20 days) gives you a page; Alberta's Dispute Note ($50, 20 or 30 days) a few lines; BC's CRT Dispute Response (free online, 14 days) and Provincial Court Reply ($26–$50, 14 days) about the same. This document supplies what they cannot hold — the full admit/deny schedule and the defence reasons — drafted to be attached or copied in, and explicit that only the filed form stops the default clock.
The structure mirrors how Canadian judges read defences: allegation by allegation. Each numbered assertion in the claim is answered one of three ways — admitted, denied, or outside the defendant's knowledge — with one reason each, closed by the general denial that catches everything not expressly admitted. Then the principal defence is built on its elements: payment made (the receipt is the case), set-off (mutual debts net out), limitation expired (two years from discovery — calibrated by the Supreme Court of Canada in Grant Thornton LLP v New Brunswick, 2021 SCC 31), wrong party (liability follows the legal person, not the trade name), or defective work and goods (the price abates with the defects).
The Expert tier also covers the moves that change outcomes. A counterclaim — Ontario's Defendant's Claim (Form 10A), Alberta's counterclaim with the Dispute Note, BC's counterclaim in the response — puts your own money claim inside the same case, in front of the same judge. And where the money is genuinely owed, the admit-and-propose-terms mechanism built into Ontario's Form 9A and Alberta's Dispute Note turns a lawsuit into a payment plan on the court file — the cheapest exit Canadian procedure offers, and the one almost nobody uses.
What's Covered in This Template
The deadline, the schedule, the defence and the counter-moves — province-correct.
Province Switch (ON / BC / AB)
The correct response form, fee and deadline for Ontario, British Columbia or Alberta — written in from one selection and your service date.
The Deadline, Computed
Ontario 20 days, Alberta 20/30 days, BC 14 days — counted from the day you were served, with the default-judgment warning attached.
BC Forum Auto-Detect
The amount claimed routes the BC branch: CRT Dispute Response (free online) at $5,000 or below, Provincial Court Reply above it.
Three Honest Positions
Dispute it all, admit part and dispute the balance, or admit and propose terms — each drafted to read as credibility, not weakness.
Admit/Deny Schedule
Every allegation answered — admitted, denied or no knowledge — with one reason each, the structure Canadian forms beg for and never explain.
General Denial Backstop
Everything not expressly admitted is denied — the one-line catch-all that protects against what the schedule missed.
Five Defence Skeletons
Payment made, set-off, limitation expired, wrong party, defective work — each built element by element around your dated facts.
Counterclaim and Set-Off
Ontario's Form 10A, Alberta's Dispute Note counterclaim, BC's response counterclaim — your money claimed back inside the same case.
Payment Terms on the File
The admit-and-propose mechanism on Form 9A and the Dispute Note — instalments or a dated lump sum, on the record, not in an ignorable email.
Settlement Door
Openness to a documented written resolution — kept separate from this open document, without weakening the defence.
How to Create Your Defence
Five steps from served-and-stunned to filed-and-structured.
- 1
Date the Service
The day you were served starts the clock — 20 days in Ontario, 20/30 in Alberta, 14 in BC. Everything else comes second.
- 2
Pick Your Position
Dispute all, admit part, or admit with terms — and say why in three sentences a stranger could repeat.
- 3
Answer Every Allegation (Expert)
Admitted, denied or no knowledge — one reason each, closed with the general denial.
- 4
Build the Defence (Expert)
Pick the defence type; the element skeleton writes itself around your dated facts and documents.
- 5
Counter and File
Add the counterclaim or payment proposal where it fits — then file the official form before the deadline. Only the form stops the clock.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
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Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
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Legal Considerations
Defences are lost on deadlines and structure long before they are lost on facts.
This template provides general information for self-represented defendants in Ontario, British Columbia and Alberta and is not legal advice. It supports — and does not replace — the official response form, which must be filed within the deadline. If you have been noted in default, or the claim overlaps a larger dispute, get advice from a lawyer or licensed paralegal promptly. Quebec's regime is separate.
Reviewed for Canadian small-claims practice (ON Form 9A · AB Dispute Note · BC CRT/Reply)
Ontario: Form 9A, 20 Days, and the Built-In Payment Proposal
An Ontario defendant has 20 days from service to file the Defence (Form 9A; $77) — in a Small Claims Court that since 1 October 2025 hears claims up to $50,000 (O Reg 42/25). The form carries a mechanism most Canadians never notice: a section for admitting the claim and proposing payment terms, which puts a realistic instalment plan on the court file itself. A defendant with their own claim from the same dealings files the Defendant's Claim (Form 10A, $108) so one judge decides the whole story. Silence has a price list: noting in default, then default judgment, then enforcement.
BC's 14 Days and Alberta's Dispute Note
British Columbia runs the tightest clock in Canada: 14 days from service in BC (30 outside) to file either the CRT Dispute Response — free online, for claims of $5,000 or less — or the Provincial Court Reply ($26–$50) for claims to $35,000. Alberta's Court of Justice allows 20 days (30 if served outside Alberta) for the Dispute Note ($50), with a counterclaim filed alongside for $100–$150 — against a claim ceiling of $100,000, the highest small-claims jurisdiction in the country. In all three provinces the response form, not a letter to the plaintiff, is what stops default.
The Limitation Defence and the Discoverability Clock
Some Canadian claims arrive already dead: the basic limitation period is two years in Ontario (Limitations Act, 2002, s.4), BC (Limitation Act, s.6) and Alberta (Limitations Act, s.3), running from the day the plaintiff first had the material facts for a plausible inference of liability — the standard the Supreme Court of Canada set in Grant Thornton LLP v New Brunswick, 2021 SCC 31. The claim's own dates often prove the defence. The mirror-image trap: a defendant's written acknowledgment (and in BC and Alberta, even a part payment) resets the clock — which is why this template's disputing branches admit nothing by accident.
Where This Document Fits in the Doxuno Canada Set
This is the responding side of the file. The claim you were served with was likely built like our small claims plaintiff's claim support — knowing its structure is half the answer. If the dispute should settle, the settlement offer letter carries the without-prejudice route with the costs leverage; if you hold the money claim next time, the final demand before small claims prices the court for the other side. Consumer-debt pressure has its own tool in the collection agency cease letter, and employment money in the severance review demand letter.
Frequently Asked Questions
Answer in Time — and in Structure
Create your Canadian small claims defence now: the province-correct deadline from your service date, your position stated with credibility, and the warning that only the filed form stops default. Download the PDF free, or unlock Expert for the admit/deny schedule, the five defence skeletons, the counterclaim and set-off routes and the payment-terms mechanism.
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