Statement of Defence in an Ontario Debt Lawsuit: What to Put in It
In Ontario, the defence you file is what stands between a debt claim and a default judgment. It takes one of two forms: the Defence (Form 9A) under Rule 9 of the Rules of the Small Claims Court, where claims up to $50,000 and most consumer-debt suits are heard, or the Statement of Defence (Form 18A) under Rule 25 of the Rules of Civil Procedure in the Superior Court of Justice. Both are due 20 days after service in Ontario, and in either court a good defence answers every allegation, raises every defence you actually have, and puts the creditor to proof of the amount. “I can’t afford this” does none of that.
Two courts, two forms, one deadline
Under r. 18.01 of the Rules of Civil Procedure, a statement of defence must be delivered — served and filed with proof of service — within 20 days of service of the statement of claim in Ontario. A notice of intent to defend (Form 18B) filed inside that window adds 10 days (r. 18.02). After the deadline you can be noted in default, deemed to admit every fact in the claim (r. 19.02), and for a debt the registrar can sign judgment without a hearing (r. 19.04). Until you are actually noted in default, a late defence is allowed (r. 19.01(5)).
Small Claims runs on the same clock: r. 9.01 requires you to serve Form 9A on every other party and file it with proof of service within 20 days of being served. After that the clerk can note you in default and sign judgment for the debt plus interest (rr. 11.01–11.02), and reversing that takes a motion showing a meritorious defence, a reasonable explanation and prompt action (r. 11.06) — see setting aside a default judgment.
The Superior Court version: Form 18A under Rule 25
Form 18A opens with three sorting paragraphs — the paragraphs of the claim you admit, deny, and have no knowledge of — then numbered paragraphs of facts. Admit everything you do not genuinely dispute (r. 25.07(1)). Anything you neither deny nor plead no knowledge of is deemed admitted (r. 25.07(2)). If your version of events differs, a bare denial is not enough; plead your version (r. 25.07(3)). And under r. 25.07(4) you must plead any matter you rely on to defeat the claim that would otherwise take the plaintiff by surprise: the limitation period, payments the claim ignores, a settlement, an unenforceable interest term. Plead material facts, not evidence or argument (r. 25.06(1)), in numbered paragraphs (r. 25.02). One trap: denying “the agreement” is read only as denying the contract was made, not that it is enforceable (r. 25.07(5)), so spell out any unlawful-term argument. A counterclaim goes in the same document (r. 27.02). The court fee is $194, paid once, on the notice of intent to defend or the defence.
The Small Claims version: Form 9A under Rule 9
Form 9A is plainer. Page 2 has three boxes: dispute the claim, admit all of it and propose terms of payment, or admit part (stating the amount) and propose terms. Then it asks what happened, where, when, and why you disagree. Rule 9.02 requires reasons in “concise non-technical language with a reasonable amount of detail,” with every document you rely on attached, or a reason why it is unavailable. Plain does not mean vague: “the last payment was in March 2022 and the claim was issued in August 2026, so it is statute-barred” is plain, and complete.
This is also where “I can’t afford it” belongs. Inability to pay is not a defence, and a defence raising no real dispute can be struck out with judgment granted (r. 12.02). If you owe the money, use r. 9.03: admit liability for all or part and propose terms. If the plaintiff does not dispute the proposal within 20 days it binds like a court order; if it does, a referee sets the schedule at a terms-of-payment hearing. A counterclaim is a Defendant’s Claim (Form 10A), issued within 20 days after your defence is filed (r. 10.01). The filing fee is $77.
Two defences that get left out: the limitation period and the amount
Under the Limitations Act, 2002, the basic period is two years from the day the claim was discovered (s. 4), which for consumer debt generally means the missed payment that put the account into default. A signed written acknowledgment or part payment restarts the clock only if made before the period expired (s. 13). It is the textbook r. 25.07(4) defence: leave it out of a Superior Court pleading and the court may refuse to let you rely on it later. In Small Claims, write it into the reasons box with the dates. More in the limitation period defence.
The amount is an allegation of fact like any other, and an amount you do not deny is deemed admitted (r. 25.07(2)). Deny the balance specifically and put the plaintiff to proof of how it was built. Interest: a contract rate applies only if the contract provides for it and the plaintiff proves it; otherwise the Courts of Justice Act prejudgment rate governs (s. 128), the court can cut or disallow interest (s. 130), and anything above 35% APR is a criminal rate (Criminal Code, s. 347). Fees: under R.R.O. 1990, Reg. 74, s. 25, collection charges “do not form part of the debt owed by the debtor.” Arithmetic: ask for the full account history behind the figure sued on; balances that ballooned between charge-off and lawsuit often do not survive that request.
When a debt buyer sues: put ownership in issue
When the plaintiff is a company you never dealt with, standing is in issue. Under s. 53 of the Conveyancing and Law of Property Act, the legal right to a debt passes to an assignee through a written absolute assignment of which express written notice has been given to the debtor. In the Superior Court, plead no knowledge of the alleged assignment, deny that the plaintiff is your creditor, and put it to strict proof of its chain of title to your account. In Small Claims, say you never received notice of any assignment and that none is attached; r. 7.01(2) requires a plaintiff to attach the documents its claim is based on. But “I don’t know this company” is not “I never had this account”: admit the account if you had it and contest what you genuinely dispute. More in debt buyer lawsuits in Ontario.
Frequently asked questions
Do I have to use the official form? In Small Claims, yes: r. 9.01 requires Form 9A; attach extra pages if needed. In the Superior Court, Form 18A is a skeleton; the substance is the numbered paragraphs you write.
What if I only dispute part of the debt? Superior Court: admit what is true and plead your version of the rest, including the amount. Small Claims: tick “admit part” with the figure you accept, propose terms for it, and give reasons for disputing the balance.
Can I add the limitation defence later? Sometimes. Both courts allow amendments (Rule 26; Small Claims r. 12.01), subject to timing limits, costs and, near trial, leave. Plead it in the first document.
Does filing a defence mean a trial? No. In Small Claims every disputed claim goes to a mandatory settlement conference first (r. 13.01), and most debt claims resolve there or earlier.
Get the defence right the first time
Most debt lawsuits are won or lost in the defence, not at trial. Send us the claim and we will tell you which court and deadline you are on, and which of these defences fits your file.
Sources: Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 18.01–18.02, 19.01–19.04, 25.02, 25.06–25.07, 27.02 · Rules of the Small Claims Court, O. Reg. 258/98, rr. 3.01, 7.01, 9.01–9.03, 10.01, 11.01–11.06, 12.01–12.02, 13.01 · Form 9A Defence — Ontario Court Forms · Form 18A Statement of Defence — Ontario Court Forms · Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, ss. 4, 13 · Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 128–130 · Conveyancing and Law of Property Act, R.S.O. 1990, c. C.34, s. 53 · R.R.O. 1990, Reg. 74 (Collection and Debt Settlement Services Act), s. 25 · O. Reg. 626/00, Small Claims Court Jurisdiction and Appeal Limit · O. Reg. 332/16, Small Claims Court fees · O. Reg. 293/92, Superior Court of Justice fees · Criminal Code, R.S.C. 1985, c. C-46, s. 347. General information for Ontario, not legal advice.
General information for Ontario, not legal advice. Reviewed by Angelos Spingos. Last reviewed September 21, 2026.