Being served with a Statement of Claim is not the beginning of a lawsuit. It means one has already started, and a clock is now running against you.
The most important thing to understand is that the deadline is short, and the consequence of missing it is severe. You do not lose because your defence was weak. You lose because you did not file one.
How long do I have to respond to a Statement of Claim in Ontario?
If you were served in Ontario, you have 20 days from the date of service to deliver a Statement of Defence. This comes from Rule 18.01 of Ontario’s Rules of Civil Procedure. The clock runs from the day you were served, not from the date on the document or the date the claim was issued by the court.
The deadline is longer if you were served outside the province:
| Where you were served | Time to deliver a Statement of Defence |
|---|---|
| In Ontario | 20 days |
| Elsewhere in Canada, or in the United States | 40 days |
| Anywhere else | 60 days |
Two points people get wrong. First, “delivered” means served on the other party and filed with the court, not simply written. Second, the deadline is calendar days, not business days.
Can I get more time to respond?
Yes. Delivering a Notice of Intent to Defend within the original deadline gives you an additional ten days. Under Rule 18.02, a defendant who serves and files a Notice of Intent to Defend before the deadline expires gets ten extra days to deliver the Statement of Defence — so a defendant served in Ontario moves from 20 days to 30.
It is a short form, it is inexpensive, and it signals to the plaintiff that you intend to fight. If you have been served and cannot get a lawyer retained immediately, this is often the single most useful step you can take.
You can also ask the plaintiff’s lawyer for a written extension. Many will agree, particularly early on. Get any agreement in writing — a verbal assurance is not a defence to being noted in default.
What happens if I miss the deadline?
The plaintiff can have you noted in default, and you are then deemed to admit every factual allegation in the claim. Under Rule 19.01, once the deadline passes, the plaintiff may ask the registrar to note you in default. Rule 19.02 then treats you as having admitted the truth of all the facts alleged against you.
The practical effect is that you lose the right to participate. You cannot deliver a defence or take other steps in the action without either the plaintiff’s consent or leave of the court. From there the plaintiff can move for default judgment, and depending on the type of claim, judgment can sometimes be signed by the registrar without a hearing.
That judgment is enforceable. It can support garnishment of wages, a writ of seizure and sale against property, and examinations in aid of execution. It may also appear on your credit report.
Can a default judgment be set aside?
Sometimes, but it is far harder and more expensive than simply filing on time. Courts have discretion to set aside a noting of default or a default judgment on terms that are just.
In assessing these motions, Ontario courts generally consider whether the defendant moved promptly once they learned of the judgment, whether there is a plausible explanation for the default, whether there is an arguable defence on the merits, and the potential prejudice to each side. The Court of Appeal’s decision in Mountain View Farms Ltd. v. McQueen, 2014 ONCA 194, is frequently cited on this analysis.
None of these factors guarantees relief. Treat the possibility of setting aside a default judgment as a costly fallback, not a plan.
What should I do in the first 48 hours?
Six things, roughly in order:
Write down the exact date and manner of service. Every deadline flows from it. If a process server handed it to you, note the date. If it came another way, note how.
Do not contact the plaintiff directly. Anything you say can be used against you. Explanations, apologies, and partial admissions offered in good faith regularly end up in an affidavit.
Preserve every relevant document. Emails, texts, contracts, invoices, photographs, accounting records. Deleting material once litigation has started creates a separate and serious problem — spoliation — that can be worse than the underlying claim.
Check your insurance. Many policies — commercial general liability, professional liability, directors and officers, and some homeowner policies — include a duty to defend. If coverage applies, your insurer may appoint and pay for counsel. Most policies require prompt notice, so report the claim immediately even if you are unsure it is covered.
Read the claim carefully and note what is actually alleged. Separate what is factually wrong from what is legally disputed. They lead to different responses.
Speak to a litigation lawyer. Even a single consultation within the first few days will tell you whether the deadline is what you think it is and whether there are preliminary steps worth taking.
Is filing a defence my only option?
No. Depending on the claim, several other responses may be available, and some must be raised early.
- A motion to strike. Under Rule 21, a defendant can move to strike a pleading that discloses no reasonable cause of action, or to have a question of law determined before trial.
- A counterclaim. If you have your own claim against the plaintiff, Rule 27 allows you to advance it in the same action.
- A crossclaim. Where you are one of several defendants and another should bear some or all of the liability, Rule 28 applies.
- A third party claim. Rule 29 lets you bring in someone who is not yet a party but may be liable to you for the plaintiff’s claim.
- Early settlement. Some claims are best resolved before costs accumulate on both sides.
Choosing among these is a strategic decision, and some options are harder to preserve if you have already delivered a defence.
Can I be sued for something that happened years ago?
Usually not, if more than two years have passed since you knew or ought to have known about the claim. Section 4 of the Limitations Act, 2002 sets a basic limitation period of two years from the day the claim was discovered. Section 15 adds an ultimate limitation period of fifteen years regardless of discovery.
Discovery is not always the date of the event. It is generally when the plaintiff knew, or a reasonable person ought to have known, that the injury or loss occurred and that a proceeding was an appropriate remedy. Certain claims and certain parties are subject to different rules.
If the events in the claim are old, raise it with your lawyer early. A limitation defence is one of the strongest available, but it generally must be pleaded.
What will defending a lawsuit cost?
In Ontario, the unsuccessful party is usually ordered to pay a portion of the successful party’s legal costs. Rule 57 governs costs, and awards are commonly made on a partial indemnity basis, which recovers only part of what was actually spent.
Two consequences follow. Losing costs more than your own legal fees. And a formal offer to settle under Rule 49 can shift costs substantially — if you refuse an offer and do no better at trial, you may face increased costs from the date of the offer forward.
This is why the early assessment matters so much. The question is not only whether you can win, but what each path is likely to cost against what is at stake.
Frequently asked questions
Does the 20 days include weekends and holidays?
The period is measured in calendar days, though the Rules contain provisions on how time is computed and what happens when a deadline falls on a holiday. Confirm your specific deadline with a lawyer rather than counting on a calendar.
What if I was never properly served?
Rule 16 governs how a Statement of Claim must be served, and a claim generally requires personal service or a permitted alternative. If service was defective, that can be challenged — but do not simply ignore the claim on the assumption that service was improper.
I was served but the amount claimed seems made up. Does that matter?
The amount claimed is what the plaintiff alleges, not what a court has found. It does affect procedure, though: claims of $35,000 or less generally belong in Small Claims Court, and claims of $200,000 or less are typically subject to the Simplified Procedure under Rule 76.
Can I represent myself?
You can. Whether you should depends on the amount at stake, the complexity of the claim, and your exposure to costs if you lose. Self-represented defendants are held to the same procedural rules as lawyers.
The claim names my company and me personally. Is that normal?
It happens, particularly in commercial disputes. Whether the personal claim can succeed depends on the allegations. It is worth addressing early, because personal exposure changes the risk considerably.
Which court will my case be in?
The amount claimed determines the procedure, and the procedure determines how expensive and how long the case will be. Ontario has three tracks, and a defendant’s exposure looks very different in each.
| Where you were served | Time to deliver a Statement of Defence |
|---|---|
| In Ontario | 20 days |
| Elsewhere in Canada, or in the United States | 40 days |
| Anywhere else | 60 days |
Speak with a Toronto civil litigation lawyer
If you have been served, the deadline is already running. Powell Litigation acts for defendants in civil litigation matters throughout Toronto and Ontario, and an early conversation is usually the difference between a manageable problem and a default judgment.
Call (437) 222-2234 for a consultation.
Related reading
- The Statement of Claim in Ontario
- How Long Will the Civil Litigation Process Take?
- How Much Does Civil Litigation Cost in Toronto?
- Who Pays Legal Fees in an Ontario Lawsuit?
- Small Claims Court vs. Superior Court in Ontario
- Will My Civil Lawsuit Go to Trial?
This article provides general information about Ontario civil procedure and is not legal advice. Limitation periods and procedural deadlines are strict and depend on the facts of your situation. If you have been served with a Statement of Claim, speak with a lawyer promptly.