What is a Form 9A?
A Trust to General transfer typically occurs when you pay invoices from existing trust funds. In Ontario, every electronic Trust to General transfer requires a completed Form 9A. In CosmoLex, your firm can print a pre-populated Form 9A for signing and dating.
Can you serve defence by email?
CPR 6.23(6) provides that where a party has indicated that they will accept service by electronic means (other than fax), the email address or electronic identification will be deemed to be at the address for service. CPR 6.27 provides that the defence may be served by an alternative method or at an alternative place.
How do I file a statement of defense in Ontario?
File both the original defence (with any supporting documents and affidavit(s) of service) and a copy for yourself and each defendant, with the court in person or by mail, or file the defence and documents online using the Small Claims Court Submissions Online portal at www.ontario.ca/page/file-small-claims-online .
Can I file defence online?
To file a Defence, you should use the standard Defence form available online or from a Small Claims Court office. If there is more than one plaintiff or defendant, you must complete an Additional Parties form and put it behind page one of your defence form.
How long does a defendant have to respond to a claim?
If the defendant disputes your claim, they will send their defence to the court. They usually get 14 days to complete and return the defence but can ask to extend it to 28 days. If this happens, the court will let you know. There are various ways the defendant can dispute your claim.
What is a notice of intent to defend Ontario?
A Notice of Intent to Defend essentially tells the parties and the Court that you intend to defend the action. Your Defence must be filed within 10 days of filing that Notice. No matter how frustrated you feel about the allegations or the Claim’s lack of merit, DO NOT ignore it.
What happens if Defendant does not respond?
If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.
When should a reply to defence be filed?
within 14 days
A Defence to Counterclaim must be filed and served within 14 days of service of any Counterclaim otherwise the Defendant may be able to obtain judgment in default against the Claimant.
How much is it to file a statement of defence in Ontario?
Superior Court Fees in Civil Actions
| Court Filing | Amount |
|---|---|
| Notice of Intent to Defend | $183.00 |
| Statement of Defence | $183.00 |
| Statement of Defence & Counterclaim ($229.00 if adding party) | $229.00 |
| A third party claim | $229.00 |
When must a defence statement be served?
A defence statement should be served on the prosecution and the court in accordance with the following time limits: Compulsory disclosure (Crown Court): within a period expiring at the end of 28 days. Voluntary disclosure (Magistrates’ court): within a period expiring at the end of 14 days.
Can you serve a defence by email Ontario?
Defence and Other Documents 8.01(14) The following documents may be served by mail, by courier, by e-mail, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03, unless the court orders otherwise: A defence. Any other document not referred to in subrules (1) to (13).
What happens after I file my defence?
If the defendant has filed a defence against your claim, the court will send you and the defendant a copy of the defence, together with a notice and a Directions Questionnaire. The Directions Questionnaire is for you to help the court decide how your claim should be dealt with.
What happens if you do not file a defence on form 9A?
CAUTION TO DEFENDANT: IF YOU DO NOT FILE A DEFENCE (Form 9A) and an Affidavit of Service (Form 8A) with the court within twenty (20) calendar days after you have been served with this Plaintiff’s Claim, judgment may be obtained without notice and enforced against you.
What is not included in Superior Court rule 9C?
Any appendix permitted by Superior Court Rule 9C (b) is not included in the page limit. Nor is an addendum that sets forth, verbatim and without argument, pertinent excerpts from key documents, statutes, regulations or the like. (v) Email addresses.
Where can I find small claims court forms?
(Form 9A) and an Affidavit of Service (Form 8A) with the court within twenty (20) calendar days after you have been served with this Plaintiff’s Claim, judgment may be obtained without notice and enforced against you. Forms and self-help materials are available at the Small Claims Court and on the following website: www.ontariocourtforms.on.ca.
Can a request for leave of court be filed under Rule 9A?
A request for leave of court under Paragraph (a) (6) does not extend the date for filing the Rule 9A Package (See Rule 9A (b) (2)) to which it relates, unless the court orders otherwise or all parties agree. All dispositive and discovery motions shall include the certificate required by Superior Court Rule 9C.