Received a Statement of Claim in Ontario? Why Your Next Steps Matter

By Vinay Thapliyal, Barrister, Solicitor & Notary Public — Founder, Legal Route Professional Corporation

Receiving a Statement of Claim can be unsettling, particularly when it includes allegations you disagree with or a substantial demand for money. The document sets out the plaintiff’s allegations and the relief they are seeking. It does not mean the court has decided that you are liable.

However, responding within the applicable deadline matters. An early legal assessment can help you understand the claim, identify available defences and consider whether a negotiated resolution is appropriate.

This article concerns ordinary civil actions in Ontario’s Superior Court of Justice. A Small Claims Court Plaintiff’s Claim, a family court application or another type of court document involves different procedures.

How long do you have to respond?

The usual deadline to serve and file a Statement of Defence depends on where you were served:

Where you were served: Usual defence deadline in Ontario is 20 days after service. Elsewhere in Canada or in the United States is 40 days after service. Outside Canada and the United States is 60 days after service

A Notice of Intent to Defend, properly served and filed within the prescribed time, provides an additional 10 days to deliver the defence.

These are general timelines. The method and effective date of service, rules for calculating time, and any applicable extension or court order must be considered before confirming your deadline.

Settlement discussions, contacting a lawyer or notifying an insurer do not, by themselves, extend a court deadline. A general email disagreeing with the allegations is also not a substitute for the response required by the court rules.

What happens if you ignore a Statement of Claim?

If you do not deliver a defence within the applicable time, the plaintiff may take steps to have you noted in default and seek a default judgment.

This can allow the case to proceed without your defence being heard, and judgment may be obtained without further notice to you. Disagreeing with the allegations does not prevent these consequences if the required response is not made.

If the deadline may already have passed, obtain legal advice promptly. The available options depend on the court file’s status and the circumstances.

What should a lawyer assess before you respond?

A defence requires more than a statement that the plaintiff is wrong. The allegations, supporting records and applicable law need to be considered together.

Depending on the dispute, a lawyer can assess:

• Who is being sued: Whether the claim names you personally, your corporation or multiple defendants.
• The legal basis of the claim: What the plaintiff must establish and which defences may be available.
• The amount or remedy sought: Whether the claimed losses and other requested relief are legally supported.
• Procedural issues: Service, jurisdiction, applicable deadlines and whether a limitation-period defence requires consideration.
• Related claims: Whether a counterclaim or a claim involving another party should be considered.
• Resolution options: The potential costs, risks and practical consequences of defending or negotiating.

The appropriate response will depend on the particular claim. A contract dispute, a failed property transaction and a construction claim may raise different issues even when each seeks payment.

Preserve records and check possible insurance coverage

Keep the court documents and a record of when, where and how you received them. Preserve relevant contracts, correspondence, invoices, photographs, emails and text messages. Do not delete or alter potentially relevant records.

If the allegations may fall within an insurance policy, notify the insurer promptly and confirm whether coverage or a defence is available. Do not assume that reporting the claim means someone has accepted responsibility for responding to the lawsuit.

How Legal Route can help

Legal Route Professional Corporation provides legal services through lawyers licensed to practise law in Ontario. We assist individuals and businesses in Brampton, Mississauga and the Greater Toronto Area with civil disputes.

Our civil litigation services include assessing claims and defences, preparing court documents, addressing procedural issues and pursuing settlement where appropriate.

We can discuss the proposed scope of work and anticipated costs so you can make an informed decision about representation.

Frequently asked questions

Can the dispute settle after I receive a Statement of Claim?

Yes. Starting a lawsuit does not prevent the parties from negotiating a settlement. Negotiation or mediation may be appropriate, depending on the dispute. Court deadlines must still be addressed while discussions take place.

Is it too late if I missed the response deadline?

Not necessarily. The options differ depending on whether you have been noted in default or a judgment has already been obtained. A late defence or an application for court relief may be available, but relief is not automatic. Prompt review of the court file is important.

Do I have to hire a lawyer?

An individual can generally represent themselves, subject to applicable exceptions. In Superior Court proceedings, a corporation generally must be represented by a lawyer unless the court permits otherwise.

Even where self-representation is available, legal advice can help you assess the allegations, procedural requirements and potential consequences before deciding how to proceed.

Speak with Legal Route about the claim

If you have received a Statement of Claim, contact Legal Route to discuss whether we can assist with your defence and available resolution options.

Phone: 905-283-8514
Email: info@legalroute.ca
Office by appointment: 2074 Steeles Ave E, Unit 17, Brampton, ON L6T 5A5

For your initial inquiry, provide your contact details, the names of the parties, a brief description of the dispute and when and where you received the claim. Identify any known deadline. Please await our conflict-check and intake instructions before sending detailed confidential documents.

Legal information disclaimer

This article provides general information about Ontario civil proceedings and is not legal advice. Laws and procedures may change. Your response deadline, available defences and options depend on the documents, facts and applicable rules or orders.

Contacting Legal Route does not, by itself, create a lawyer-client relationship or mean the firm has accepted responsibility for your matter or any deadline. Representation and the scope of services must be confirmed. Do not delay obtaining legal assistance while awaiting a response to an inquiry. No outcome is guaranteed.

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