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You have 20 calendar days from the date you were served with the claim to file your defence. After 20 days, the plaintiff can have you noted in default.
If you want to dispute the claim, you will need to fill out a Defence [Form 9A] and make one copy for yourself and a copy for every plaintiff and defendant listed on the plaintiffs claim. You must serve a copy of your defence on every other party.
The Small Claims Court can handle any action for the payment of money or the recovery of personal property where the amount claimed does not exceed $35,000, excluding interest and costs such as court fees.
Once you are noted in default, the plaintiff can ask for judgment against you without notifying you. (This kind of judgment is called default judgment.)
In Ontario, for most matters, the claimant has two years to begin the lawsuit, either from the date the injury occurred or from the date notice was given (whichever is applicable).
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If the defendant doesnt file a reply within the time limit or contact you to resolve the claim, you can file an application for default order (in Form 5). File it at the registry where you filed the notice of claim, along with a copy of the certificate of service (in Form 4).
A limitation period is a time limit for a party to commence, or bring forth, a claim against another party. In Ontario, the Limitations Act, 2002 provides a Basic Limitation Period of two years, which means that a claimant has two years to commence a legal proceeding from the day they discover the claim.
If you believe you are owed money for the return of personal property, you can sue that person or business in Small Claims Court for $35,000 or less. For anything over $35,000, you need to go to the Superior Court of Justice.