Defending on the merits
If you decide to defend the case on the merits, you must use the prescribed form, available from the clerk. You must state your reasons for defending on the merits.
Your defence will only be received if you pay the required judicial fees, using an accepted method of payment.
At the same time, you will have to file a list of the people who will be called as witnesses.
You must also, within 10 days, file the supporting documents for your dispute, either as originals or copies, at the courthouse where your application is filed. It is recommended that you make copies for your own records.
In your defence, you can also:
- ask that the dispute be referred to mediation;
- ask that the application be dismissed or that the case be referred to another judicial district or to another court or administrative tribunal;
- involve another person in the trial (such as a co-defendant or impleaded party);
- file a cross-application (against the plaintiff).
You must comply with a time limit of 20 days to indicate that you have decided to defend on the merits. A judgment can be rendered against you starting on the 21st day.
However, until a judgment has been rendered, the clerk cannot refuse to accept your defence, even after the time limit has expired.
In such a case the judge will determine whether or not your defence is admissible.
Amendment of a defence
If you wish to amend your defence after it has been filed, you must complete the section concerning the defendant’s options on the form Formulaire de réponse aux petites créances.