When should I file a counterclaim?
File a counterclaim when you have a legitimate claim against the plaintiff arising from the same transaction or related events. Filing a counterclaim at the same time as your defense saves court fees and consolidates the dispute into one hearing.
What is the deadline to file a counterclaim in Ontario?
In Ontario Small Claims Court, a defendant must file a Defense and Defendant's Claim (counterclaim) within 20 days of being served with the Plaintiff's Claim. Late filing requires the court's permission.
Can my counterclaim exceed the small claims limit?
Your counterclaim cannot exceed the small claims court limit ($50,000 in Ontario). If your counterclaim exceeds this amount, you must either reduce it to $50,000 (waiving the excess) or file in Superior Court as a separate action.