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Defendant'S Claim

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Instructions for Making a Defendant’s Claim

As a defendant, you can also make a claim of your own against the plaintiff or someone else. This is called

a defendant’s claim. For example, the plaintiff may owe you money. Or you may believe someone else

caused the plaintiff’s loss and that person should have to pay. To make your claim against the plaintiff or

another party take the following steps:

Step 1: COMPLETE the Defendant’s Claim form. Fill in the claim number from the Defendant’s Claim

form in the top right hand corner. You are the "plaintiff by defendant's claim." Explain what happened in

detail. Include dates and places. State how much money you want or what goods you want returned. Attach

copies of any documents that help your case. Examples are contracts, repair bills and photographs of

damaged goods. If you want interest on money you are claiming, ask for it on the claim form. You and the

defendant may have a contract that sets an annual interest rate. If so, use that rate. If not, claim the Courts

of Justice Act interest rate posted on the Ministry of the Attorney General website at

If there is more than one plaintiff or defendant, complete an Additional Parties form (Form 1A) and put it

right behind page one of your Defendant’s Claim form. You can get the additional parties form from the court

office or at the following website:

Step 2: FILE the defendant’s claim form and related documents with the court office where the plaintiff’s

claim was filed. You must file your claim no later than 20 days after you file your defence, unless you have

leave of the court. There is a filing fee. The clerk will return a stamped copy of the defendant’s claim form

and documents to you.

Step 3: SERVE. the defendant's claim. You must deliver a copy of the filed defendant’s claim and your

documents to each of the persons you are claiming against. This is “serving” your claim. There are rules

about how this must be done. See the Small Claims Court "Guide to Serving Documents" at the court

office or online at Each party will have 20 days to file a defence to your

claim after receiving it.

DO NOT FILE THIS PAGE

RSCC-10A-E (2014/01)

Defendant'S Claim

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