FILING A DEFENCE
- Is it you?
- Was the Claim filed in the correct court?
- Has the claim been filed within the limitation for the limitation period?
Please note that the first two questions are not detrimental to the case and can be changed by the plaintiff however, they may give you some bargaining power at the settlement conference.
Must file a defence within 20 days of receiving the Plaintiff’s Claim
Defence (Form 9A) Guide
Complete the plaintiff box with the information of the plaintiff and their representation (if they have one) as is indicated in the service of the Plaintiff’s Claim
For those with a representative: Fill in the name(s) or the company name of the plaintiff. Fill in the address as c/o then the representative’s name and contact information of the representative. The representative will fill in the information remaining.
Complete the form with your legal name(s) whether it is a company or person(s) and your most recent legal address.
If you have a representative, they will fill in the information, if you do not have one do not fill in representative information. If you should retain a representative at a later date, the information can be amended to reflect this change.
At the top of the page there is a line stating: “This defence is being filed on behalf of:” Insert your name here.
Check the appropriate box insofar as your position as to the claim. The first box denotes that you dispute the entire claim, the second box denotes that you accept responsibility and want to propose the terms of payment and the third box denotes that you accept responsibility for only certain aspects of the claim and wish to settle only those aspects but intent to debate others.
Include your version of events on the page in clear and concise numerical format. The information should, in three short sentences, include the basis of the claim, where the event happened and when it happened.
Page 3Before drafting the third page make a list of all the points from the Plaintiff’s claim that you:
- Agree with
- Disagree with
- Which you have no knowledge of
Contents of the Defence [Rule 9.02(1)]
In numerical format include the relevant details of your defence claim with each separate point you agree with, disagree with, and have no knowledge of with corresponding to a number.
Include any other relevant evidence intending to be used in the proceeding.
NOTES: When drafting to use clear, precise and concise language (statements of FACT). Keep it simple and to the point in order to eliminate ambiguity as much as possible.
Prepare several drafts of the claim in order to weed out inaccuracies, bad grammar, poor spelling and other technical errors in order to ensure the version submitted to the court is perfect.
Should you choose not to dispute the claim [Rule 9.03]
The proposed terms of payment should be put into the Defence and there is no need to complete page 3 other than signing your name and dating it
NEXT: When you fill out the Defence the next step is to file it with the court.
Upon going into court with the original document, you will file it with the clerk. The clerk should then keep the original copy and put it in the court file then give you a copy and serve a copy on all the other parties.
You will also need to pay $40.00 to the clerk to file the defence.