How Does a Defendant Serve a Defence in Small Claims Court?

A defence is your response to the claim. The Rules provide for several types of service of a defence. How you serve the defence, and on whom, depends on what type of plaintiff is suing you (whether the plaintiff is a person or a company). The rules state: “8.01(14) The following documents may be served by mail, by courier, by fax, 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: 1. A defence. 2. Any other document not referred to in subrules (1) to (13).”

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