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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.A counterclaim (Defendant's Claim) lets a defendant sue the plaintiff back in the same Ontario Small Claims case, up to the $50,000 limit. Filing costs a flat $108 ($228 for frequent claimants). If both sides prove part of their claims, the court sets the amounts off against each other and awards the net difference. A counterclaim does not replace your Defence, which is still due within 20 days of being served.
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.
A Defendant's Claim is the formal Ontario term for what most people call a counterclaim: a claim the defendant files back against the plaintiff — and, where appropriate, against other people said to be responsible — inside the same Small Claims Court case. It is filed on Form 10A, generally within 20 days after you file your Defence, and it is heard together with the Plaintiff's Claim so one judge decides all the related issues at once.
A Defendant's Claim does not replace your Defence — you still must deliver a Defence within 20 days of being served or you risk default judgment. If you are deciding whether to defend, counterclaim, or both, our guide to defending a Small Claims Court claim walks through the options.
The court's monetary jurisdiction applies to each claim separately: the Plaintiff's Claim can seek up to $50,000, and the Defendant's Claim (counterclaim) can independently seek up to $50,000, in both cases excluding interest and costs. The two are not added together for jurisdiction purposes.
If both sides prove some or all of their claims, the court applies set-off: the two proven amounts are netted against each other and judgment goes to whichever party is owed the larger sum, for the difference only. That net figure — the true amount actually in dispute — is what this calculator estimates.
Suppose a contractor sues a homeowner for $12,000 in unpaid invoices, and the homeowner files a Defendant's Claim for $18,500 to repair defective work. If the court accepted both claims in full, the amounts would be set off: $18,500 − $12,000 = $6,500 net to the homeowner, plus any interest and costs the court awards. Each side also pays a flat $108 to file its claim, which the winner can usually recover.
In practice a court rarely accepts both claims at full value — the net position shifts with what each side actually proves — so treat the calculator's output as a way to understand your exposure, not a prediction of the judgment.
Small Claims Court cannot award more than $50,000 on a Defendant's Claim. If your counterclaim is genuinely worth more, you have two options: abandon the excess and cap the claim at $50,000 to keep everything in Small Claims Court, or bring the larger claim in the Superior Court of Justice, which may also pull the whole dispute into that court. You cannot split one claim into several smaller Small Claims cases to get around the limit — the rules prohibit dividing a cause of action.
Abandoning the excess is a permanent choice, so where the gap is large it is worth getting advice before filing. Our Small Claims Court calculator can help you value each side of the dispute first.
A counterclaim (Defendant’s Claim) is a claim the defendant files back against the plaintiff in the same case — for example, if you are sued but the other side actually owes you money. It is generally filed within 20 days of delivering your defence.
Yes. A defendant can counterclaim for more than the plaintiff is seeking, up to the $50,000 Small Claims limit. If your counterclaim exceeds $50,000, you may need to proceed in the Superior Court instead.
Filing a Defendant’s Claim (counterclaim) costs a flat $108 for most filers ($228 for frequent claimants). Like the original claim, the fee does not scale with the amount claimed.
If both sides succeed, the court generally nets the two amounts against each other. If your counterclaim is larger and is proven, you can obtain judgment for the difference in your favour, up to the $50,000 Small Claims limit. This calculator estimates that net position from the figures you enter.
Yes. A counterclaim does not replace your Defence. You generally must deliver a Defence to the plaintiff’s claim within 20 days of being served, and separately file your Defendant’s Claim if you are also seeking money from the other side.
Yes. A Defendant’s Claim can be brought against the plaintiff and, in many cases, against another person you say is responsible — even someone not already in the lawsuit — which brings that person into the same case.
A Defendant’s Claim is generally filed within 20 days after you file your Defence, and often at the same time. Filing promptly keeps everything in one proceeding; filing late can require the court’s permission or be dealt with separately.
Set-off is the netting of the two claims against each other. If the plaintiff proves $8,000 and you prove a $5,000 counterclaim, the court can order the $3,000 net difference rather than two separate payments. This calculator shows that net figure.
Often yes. A Defendant’s Claim can include related claims arising from the same events and, in many cases, other money the plaintiff owes you, as long as it is within the Small Claims Court’s jurisdiction and monetary limit.
Small Claims Court can only award up to $50,000 (plus interest and costs). If your counterclaim genuinely exceeds that, you either give up the excess to stay in Small Claims Court or consider having the matter dealt with in the Superior Court.
Yes. The Defendant’s Claim is normally heard at the same time as the Plaintiff’s Claim, before the same judge, so all the related issues are decided together and the amounts can be set off.
The court determines the amount each side proves, then sets them off. Whoever is owed the larger amount receives judgment for the net difference. Costs are decided separately and can go either way depending on the result.
It can. A genuine counterclaim strengthens your position, but a weak or purely tactical one can hurt your credibility and expose you to a costs award. A counterclaim should be based on a real, provable entitlement.
You are allowed to file and argue a Defendant’s Claim yourself. For larger or more complex counterclaims — especially where a third party or set-off is involved — a lawyer or licensed paralegal can improve how the claim is framed and presented. We offer a free consultation.
No. It provides a general estimate of the net amount in dispute based on the figures you enter. It is not legal advice, and the actual outcome depends on the evidence and the court’s findings. For advice on your specific case, speak with a lawyer or licensed paralegal.
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