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Being sued in Small Claims Court and want to counterclaim? See your net position and check both claims against Ontario's $50,000 monetary jurisdiction.
Estimate only — not legal advice. Jurisdiction rules for counterclaims are technical.Ontario Small Claims Court handles claims — and counterclaims — up to $50,000. Amounts above that generally require abandoning the excess or moving to Superior Court.
A counterclaim is filed alongside your Defence, using Form 10A, generally within 20 days of being served with the Plaintiff's Claim.
Counterclaims arising from the same transaction are most straightforward. Unrelated counterclaims may face procedural objections from the plaintiff.
Missing the deadline to file a Defence and Counterclaim can mean losing the right to counterclaim — and risking default judgment against you.
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</p>Our paralegals and lawyers help clients defend claims and file strong counterclaims across Toronto and the GTA. Get a free consultation.
Schedule your free consultation. We help clients defend claims and file counterclaims across Toronto and the GTA.
A calculator is a starting point — for advice on your specific situation, speak with an experienced Ontario lawyer. Free consultation.