If a plaintiff claims $35,000 in Small Claims Court, what is the maximum potential counterclaim the defendant can file?

In Small Claims Court in Ontario, a defendant can file a counterclaim up to the jurisdictional limit of the court, which is currently set at $35,000. However, for defendants facing a claim of $35,000, they have the option to include any additional claims they may have, which can bring the total amount of the counterclaim beyond the original claim.

The total amount of a counterclaim can include claims in excess of the amount being claimed by the plaintiff, as long as the total amount does not exceed that jurisdictional limit. Thus, if the defendant's counterclaim is structured properly, they can claim damages that could potentially double the maximum jurisdictional limit of the original claim if they have multiple issues. Therefore, the total maximum potential counterclaim the defendant can file, when considering the sum of their claims, might be interpreted in this situation as being combinable to allow for a wider recourse through the court system.

Thus, $70,000 represents the idea that if the counterclaim encompasses any rights or claims outside of just the immediate response to the plaintiff's claim, the defendant could potentially present a more extensive case for their damages or losses incurred. This understanding emphasizes the flexibility and scope of potential legal actions defendants can take