- If served within Ontario, you generally have 20 days to file a Statement of Defence.
- That window extends to 40 days if served elsewhere in Canada or the United States, and 60 days if served outside North America.
- Missing the deadline can result in the plaintiff obtaining default judgment against you without a hearing.
- You can also file a Notice of Intent to Defend to buy an additional 10 days before your full defence is due.
- If you believe you have a claim against the plaintiff arising from the same events, you can file a counterclaim along with your defence.
- Ignoring a Statement of Claim does not make it go away — it typically leads to a faster, worse outcome than responding.
The Short Answer: You Have a Strict Deadline — Act Immediately
Being served with a Statement of Claim in Ontario starts a strict, non-negotiable deadline clock. If you were served within Ontario, you generally have 20 days to file a Statement of Defence. Missing this deadline can allow the plaintiff to obtain default judgment against you — a judgment entered without any consideration of your side of the story.
The good news is that you have real options within that window, including negotiating a settlement, filing a formal defence, or, in appropriate circumstances, challenging the claim itself through a motion.
Your Deadlines to Respond
The deadline to respond depends on where you were served:
| Where You Were Served | Deadline to File a Defence |
|---|---|
| Within Ontario | 20 days from service |
| Elsewhere in Canada or the United States | 40 days from service |
| Outside Canada and the United States | 60 days from service |
Courts generally do not grant extensions simply because a deadline was inconvenient or overlooked. If you are approaching your deadline without a plan, contact a lawyer immediately.
Your Options After Being Served
Once served, you generally have four options: do nothing (not recommended), file a Notice of Intent to Defend, file a full Statement of Defence, or bring a motion to challenge the claim itself before responding on the merits.
Notice of Intent to Defend: Buying Extra Time
If you need more time to gather information or retain a lawyer, you can file a Notice of Intent to Defend — a short, simple document that signals your intention to respond. Filing this within the original deadline extends your time to file the full Statement of Defence by an additional 10 days.
If you are still deciding how to proceed, or waiting to hear back from a lawyer, filing a Notice of Intent to Defend is a low-cost way to preserve your rights while you finalize your approach.
Drafting a Statement of Defence
A proper Statement of Defence must respond to each paragraph of the Statement of Claim — typically admitting, denying, or stating you have no knowledge of each specific allegation — and set out any additional facts, defences, or legal arguments you rely on. Common defences include disputing the facts alleged, raising a limitation period, pointing to a signed release or settlement, or arguing the plaintiff contributed to their own loss.
Failing to specifically respond to an allegation in the Statement of Claim can, in some circumstances, be treated as an admission of that allegation. A carefully drafted defence addresses every paragraph deliberately.
Counterclaims: Suing Back
If you believe you have a claim against the plaintiff connected to the same events — for example, they also breached the contract, or caused you a separate loss related to the dispute — you can file a counterclaim alongside your Statement of Defence, allowing both claims to be resolved together in the same proceeding.
Motion to Strike the Claim
In some cases, rather than immediately filing a defence on the merits, a defendant may bring a motion to strike the Statement of Claim — arguing that it discloses no reasonable cause of action, is statute-barred by a limitation period, or is otherwise improperly framed. This is a specialized strategy that requires careful legal assessment of the claim as pleaded.
What Happens If You Don't Respond
If you fail to respond within your deadline, the plaintiff can note you in default and move for default judgment — often without any hearing on the actual merits of the dispute. This can result in a judgment against you for the full amount claimed, plus interest and costs, which can then be enforced through garnishment or other collection methods.
A small business owner is served with a Statement of Claim and, assuming the amount claimed is exaggerated and will “sort itself out,” does nothing. Forty-five days later, they discover a default judgment has been entered against them for the full amount, plus interest and costs — significantly worse than if they had simply filed a defence disputing the exaggerated figures within the original 20-day window.
Been served with a Statement of Claim? Don't wait until your deadline is close. Call our Toronto litigation lawyers at 416-274-2222 for a free consultation about your options.
Frequently Asked Questions
Generally 20 days if you were served within Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served outside North America, counted from the date of service.
A short, simple document you can file to signal you intend to defend the claim, which extends your deadline to file a full Statement of Defence by an additional 10 days beyond the original deadline.
Yes. Being served does not prevent settlement negotiations — many defendants use the response window to negotiate directly with the plaintiff or their lawyer while preserving their right to defend if talks fail.
The plaintiff can move for default judgment against you, which can result in a judgment being entered without any hearing on the merits of the dispute. Acting immediately if you've missed a deadline is critical.
Sometimes, if default judgment has not yet been obtained, but this requires the court's permission and is not guaranteed. It is always better to respond on time than to rely on being able to fix a missed deadline later.
A Statement of Defence must respond to each allegation in the Statement of Claim — admitting, denying, or stating no knowledge of each — and set out any additional facts or defences you are relying on, such as limitation periods, releases, or your own version of events.
Yes, if you believe you have a related claim against the plaintiff arising from the same or connected events, you can file a counterclaim alongside your Statement of Defence.
It is not legally required, but a properly drafted defence significantly improves your position, especially for claims involving meaningful amounts of money or complex facts. We offer a free consultation to assess your claim and deadline.