If you believe that the plaintiff’s claim is unjustified and that, in addition, you have a claim to make against the plaintiff, you can state this as part of your defence.
This is known as a “cross-application”. For it to be valid,
- your claim must arise from the same source as the application or from a related source;
- your claim cannot be for more than $15,000.
Amendment of a cross-application
To amend you cross-application before the hearing, you must use the form Formulaire de réponse aux petites créances.
You can also amend your cross-application in person, on the day of the hearing. The judge will decide whether the amendment is admissible.
Defending a cross-application
There is no form for defending a cross-application. A plaintiff who receives a cross-application can make comments in writing, which will be filed as an exhibit in the record.