Statement of Defence in Ontario: What It Is and What to Consider Before Responding

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A Statement of Defence is the formal response to a Statement of Claim in an Ontario Superior Court civil action. It sets out which allegations the defendant admits or disputes and the material facts supporting the defence. It is more than an email saying that the claim is wrong.

If you have been served, first identify exactly what document you received and when and how it was served. The time to respond can be short. This guide explains the issues to consider before a defence is prepared; it is not a form, a calculation of your deadline or advice for your particular case.

What is a Statement of Defence?

In an ordinary civil action in the Ontario Superior Court of Justice, the plaintiff's Statement of Claim describes the allegations and the remedy requested. A defendant's Statement of Defence, generally in Form 18A, responds to that claim. It tells the other parties and the court which material allegations are admitted, denied or require a different explanation, together with the material facts on which the defendant relies.

The claim is an allegation, not a finding that the plaintiff is right. A defence also is not proof that the defendant will win. Each side's position may be tested through later steps, evidence, motions, negotiation or trial. The appropriate response depends on the actual pleadings and the dispute.

How much time is there to respond?

Under the Ontario Rules of Civil Procedure, the usual time for a defendant to deliver a Statement of Defence depends on where that defendant was served: 20 days after service in Ontario; 40 days after service elsewhere in Canada or the United States; and 60 days after service outside Canada and the United States. A defendant who delivers a Notice of Intent to Defend within the prescribed time generally receives an additional 10 days to deliver the defence.

Those periods are a starting point, not a personalized deadline. The document type, method and effective date of service, applicable time-calculation rules, any court order and the case's status need review. A Notice of Intent to Defend must itself be properly served and filed; it does not replace the defence. If time may be running out or may have passed, seek legal advice promptly.

Do not rely on negotiations to extend time. A conversation with the plaintiff, an insurer or a prospective lawyer does not by itself alter a court deadline. If insurance may respond to the allegations, notify the insurer promptly while separately ensuring that someone is addressing the court response.

What should be reviewed before a defence is prepared?

A response should be based on the claim, relevant records and the applicable law. Depending on the matter, the review may include:

• Parties and capacity: Whether the person named is you, a corporation, or another legal entity, and whether more than one defendant is involved.
• Each material allegation: What is admitted, what is disputed, and whether the claim leaves out context that matters.
• Documents and chronology: Contracts, invoices, payments, correspondence, property records, photographs and other relevant material, including records held by other people.
• Legal and procedural issues: The basis of the claim, available defences, service, jurisdiction and any limitation issue that should be raised.
• Relief requested: The money or other order sought, and whether its basis and amount are contested.
• Related claims and coverage: Whether a counterclaim, crossclaim, third-party issue or insurance policy requires separate consideration.

Not every point belongs in every defence. Pleadings identify material facts and the issues in dispute; the court rules govern their content. A lawyer can assess what needs to be alleged and what can be dealt with through later evidence, avoiding unsupported assertions or unnecessary personal information.

Is a defence the same as a counterclaim?

No. A defence answers the plaintiff's claim. A counterclaim is a claim the defendant makes for relief against the plaintiff, and sometimes another party, within the proceeding. A dispute with another defendant may call for a crossclaim; a claim involving someone outside the action can raise a different procedural question. Each has its own requirements and potential cost consequences.

For example, denying that a business owes an invoiced amount is a defence issue. Seeking damages from the plaintiff for a separate alleged breach may require more than a denial. Whether to bring another claim should be assessed against the facts, deadlines, evidence and practical value of doing so.

What happens after a defence is delivered?

A filed defence ordinarily moves the action past the initial pleading response, but it does not resolve the dispute. Depending on the case and applicable procedure, later steps may include further pleadings, document disclosure, examinations for discovery, mediation, motions, settlement discussions, a pre-trial conference or trial. Some cases resolve earlier; others require more work.

Legal fees and timelines depend on what follows. For example, reviewing a claim and advising on a proposed defence is a different scope of work from defending a contested action through discoveries and trial. Legal Route can discuss the proposed scope and fee arrangement before further work begins. No result or timeframe can be promised for a particular case.

What if no defence is delivered in time?

The plaintiff may seek to have a defendant noted in default and may then seek a default judgment. Being noted in default and a judgment are distinct stages. A late response or relief from default may be possible in some circumstances, but it is not automatic. The court file's actual status matters, so a missed date calls for prompt review.

Our related guide, Received a Statement of Claim in Ontario? Why Your Next Steps Matter, explains the initial situation. A later guide will address default more closely.

How Legal Route can assist

Legal Route Professional Corporation provides civil litigation services through lawyers licensed to practise law in Ontario. Depending on the matter and agreed scope, we can review the claim and records, assess response options, prepare or review pleadings, discuss settlement and assist with the next stages of litigation where appropriate.

Where we assist

Our office is in Brampton. We assist civil litigation clients across the Greater Toronto Area, including Toronto and the regions of Peel, York, Halton and Durham. Virtual consultations may be available for suitable matters elsewhere in Ontario. We will explain any in-person, identification, signing or court attendance requirements; a virtual appointment does not mean every step can be completed remotely.

Explore our Civil Litigation services and learn about Vinay Thapliyal, Founder & Principal Lawyer.

Frequently asked questions

Can I respond by emailing the plaintiff that I disagree?

An informal email is not a substitute for delivering the required court document. The court, document served and applicable rules determine the response required.

Does a Notice of Intent to Defend mean I have filed a defence?

No. A timely and properly delivered Notice of Intent to Defend generally gives an additional 10 days for the Statement of Defence. The defence must still be delivered within the applicable time.

Can we negotiate instead of delivering a defence?

The parties can discuss settlement, but discussions alone do not suspend the response deadline. The procedural position should be addressed while negotiations continue.

What if my corporation, rather than I personally, is named?

Confirm exactly who is named in the claim and whether the allegations also concern a director, guarantor or other person. A corporation generally needs a lawyer to represent it in Superior Court unless the court permits otherwise. The legal entity and proposed response require individual review.

What if an insurer might defend the claim?

Notify the insurer promptly under the policy and confirm in writing what it will do. Do not assume that reporting a claim means counsel has been appointed or that the court deadline has been addressed.

Is it too late to act if the usual deadline passed?

Not necessarily, but the available route depends on the court file and whether default steps or judgment have occurred. Obtain advice promptly rather than assuming a late defence can simply be filed.

Related Legal Route guides

• Received a Statement of Claim in Ontario?
• Civil Mediation in Ontario: Costs, Process and Legal Representation

Official sources

For further reading on the rules and process discussed above:

• Ontario Rules of Civil Procedure, including Rules 18, 19 and 25
• Ontario Superior Court of Justice: Steps to a Civil Case
• Ontario Court Forms: Civil forms

Legal information disclaimer

This article provides general information about Ontario civil procedure, not legal advice. Rules, practice directions and procedures may change. The document served, facts and court file determine your rights, options and deadlines. Contacting Legal Route does not, by itself, create a lawyer-client relationship or mean we have agreed to act. Representation and scope must be confirmed.