Tips on drafting a Defence
Have you been served with a Plaintiff's Claim in Chatham or elsewhere in Ontario? If so, do not ignore it. A successful plaintiff could empty your bank account, garnish your wages, even have your car or house seized and sold. Begin drafting your defence immediately.
You have three options: 1) dispute the entire claim, 2) admit liability for the claim and propose terms of payment, or 3) admit liability for part of the claim, propose terms of payment for that part and defend the rest.
Assuming 1 or 3 above, begin with admissions, denials and "no knowledges." Go through the paragraphs of the claim. Where you do not know whether an allegation is true, say as much, e.g. "The defendant has no knowledge of whether or where the car was repaired." Then, admit what is true, e.g. that you sold the plaintiff a car. Finally, deny what is not true, e.g. that you owe the costs of a repair.
Once you have done this for every allegation, you will want to make a defence. Be concise: state only what is relevant to your defence. Stick to facts. What happened where and when. Who said what to whom, when. Assemble facts that will create a different picture than the one composed by the plaintiff.
Constructing a good defence is an art and a painstaking task. While it is often tempting to do so, do not suggest malice unless you can construct a persuasive narrative supporting this suggestion, and can provide evidence for it, e.g. documents or witness testimony. (As an aside, a screenshot of a text message may or may not be accepted as documentary evidence.)
Finally, wherever possible, make a counterclaim. This is known in Small Claims as a Defendant's Claim. This claim can be made against the plaintiff(s) or against a third party.
A paralegal can assist you in preparing a Defence and/or a Defendant's Claim. Contact Thomas Legal at