Rule 10 – Defendant’s Claim

Defendant’s Claim

10.01 (1) A defendant may make a claim,

(a) against the plaintiff;

(b) against any other person,

(i) arising out of the transaction or occurrence relied upon by the plaintiff, or

(ii) related to the plaintiff’s claim; or

(c) against the plaintiff and against another person in accordance with clause (b).  O. Reg. 258/98, r. 10.01 (1).

(2) The defendant’s claim shall be in Form 10A and may be issued,

(a) within 20 days after the day on which the defence is filed; or

(b) after the time described in clause (a) but before trial or default judgment, with leave of the court.  O. Reg. 78/06, s. 21 (1).

Copies

(3) The defendant shall provide a copy of the defendant’s claim to the court.  O. Reg. 258/98, r. 10.01 (3); O. Reg. 461/01, s. 13 (1).

Contents of Defendant’s Claim, Attachments

(4) The following requirements apply to the defendant’s claim:

1. It shall contain the following information:

i. The full names of the parties to the defendant’s claim and, if relevant, the capacity in which they sue or are sued.

ii. The nature of the claim, expressed in concise non-technical language with a reasonable amount of detail, including the date, place and nature of the occurrences on which the claim is based.

iii. The amount of the claim and the relief requested.

iv. If the defendant is self-represented, the defendant’s name, address and telephone number, and fax number if any.

v. If the defendant is represented by a representative, that person’s name, address and telephone number, and fax number if any, and Law Society of Upper Canada registration number if any.

vi. The address where the defendant believes each person against whom the claim is made may be served.

vii. The court file number assigned to the plaintiff’s claim.

2. If the defendant’s claim is based in whole or in part on a document, a copy of the document shall be attached to each copy of the claim, unless it is unavailable, in which case the claim shall state the reason why the document is not attached. O. Reg. 461/01, s. 13 (2); O. Reg. 78/06, s. 21 (2, 3); O. Reg. 56/12, s. 3; O. Reg. 230/13, s. 13.

(5) Revoked:  O. Reg. 78/06, s. 21 (4).

Issuance

(6) On receiving the defendant’s claim, the clerk shall immediately issue it by dating, signing and sealing it, shall assign it the same court file number as the plaintiff’s claim and shall place the original in the court file.  O. Reg. 258/98, r. 10.01 (6); O. Reg. 461/01, s. 13 (3).

(7), (8) Revoked:  O. Reg. 78/06, s. 21 (4).

Service

10.02 A defendant’s claim shall be served by the defendant on every person against whom it is made, in accordance with subrules 8.01 (1) and (2).  O. Reg. 258/98, r. 10.02.

Defence

10.03 A party who wishes to dispute the defendant’s claim or a third party who wishes to dispute the plaintiff’s claim shall, within 20 days after service of the defendant’s claim,

(a) serve on every other party a defence (Form 9A); and

(b) file the defence, with proof of service, with the clerk. O. Reg. 44/14, s. 6.

Defendant’s Claim to be Tried with Main Action

10.04 (1) A defendant’s claim shall be tried and disposed of at the trial of the action, unless the court orders otherwise.  O. Reg. 258/98, r. 10.04 (1).

Exception

(2) If it appears that a defendant’s claim may unduly complicate or delay the trial of the action or cause undue prejudice to a party, the court may order separate trials or direct that the defendant’s claim proceed as a separate action.  O. Reg. 258/98, r. 10.04 (2).

Rights of Third Party

(3) If the defendant alleges, in a defendant’s claim, that a third party is liable to the defendant for all or part of the plaintiff’s claim in the action, the third party may at the trial contest the defendant’s liability to the plaintiff, but only if the third party has filed a defence in accordance with subrule 10.03 (1).  O. Reg. 258/98, r. 10.04 (3); O. Reg. 78/06, s. 23.

Application of Rules to Defendant’s Claim

10.05 (1) These rules apply, with necessary modifications, to a defendant’s claim as if it were a plaintiff’s claim, and to a defence to a defendant’s claim as if it were a defence to a plaintiff’s claim.  O. Reg. 258/98, r. 10.05 (1).

Exception

(2) However, when a person against whom a defendant’s claim is made is noted in default, judgment against that person may be obtained only in accordance with rule 11.04.  O. Reg. 258/98, r. 10.05 (2); O. Reg. 56/08, s. 2.

Exception, Electronic Filing, Issuance

(3) Subrule (1) does not apply to rule 7.02 (electronic filing of claim) or rule 7.04 (electronic issuance of claim). O. Reg. 44/14, s. 7.