- A defendant served within Ontario generally has 20 days to file a Defence — miss it, and the plaintiff can move for default judgment.
- For a debt or liquidated demand (a fixed, calculable amount), the court clerk can sign default judgment directly — no judge or hearing required.
- For unliquidated damages — amounts requiring judicial assessment — the matter instead proceeds to an assessment hearing, essentially an undefended trial.
- A default judgment can be set aside under Rule 11, if the defendant shows a reasonable explanation for missing the deadline, an arguable defence, and acts promptly.
- Defendants served outside Ontario generally get more time to respond than the standard 20 days.
- Getting a default judgment is only the first step — you still need to enforce it if the defendant doesn't pay voluntarily.
The Short Answer
If a defendant is properly served and doesn't file a Defence in time, you can have them noted in default and move for judgment — without a trial. For a fixed, calculable amount, the court clerk can sign the judgment directly. For damages requiring judicial evaluation, the matter instead goes to an assessment hearing.
The Defendant's Response Deadline
A defendant served within Ontario generally has 20 days from the date of service to file a Defence. Defendants served outside Ontario generally receive additional time to respond, reflecting the practical realities of being served from further away — confirm the specific deadline that applies to your situation, since the exact extension can depend on where and how service occurred.
Noting the Defendant in Default
Once the response deadline passes without a Defence on file, the plaintiff can take steps to have the defendant noted in default. This is the formal starting point for the default judgment process — it establishes, procedurally, that the defendant had the opportunity to respond and didn't.
Before moving for default judgment, make sure you can properly document how and when the defendant was served. If service is later challenged, a default judgment can be vulnerable to being set aside on that basis alone.
Clerk-Issued Judgment vs. Assessment Hearing
What happens next depends on the type of claim:
| Claim Type | Process | Example |
|---|---|---|
| Debt or liquidated demand | Clerk signs judgment directly — no hearing | Unpaid invoice, loan with a stated balance, bounced cheque |
| Unliquidated damages | Assessment hearing before a judge | General damages, property damage requiring valuation |
Liquidated vs. Unliquidated Claims
A liquidated claim is one where the amount owed is fixed and calculable — you don't need a judge's discretion to know the number, just the evidence to support it (an invoice, a loan agreement, a cheque). An unliquidated claim requires a judge to actually assess and determine an appropriate amount, since there's no simple arithmetic that gets you there. This distinction determines whether your default judgment can be processed administratively by the clerk or requires an assessment hearing.
A contractor sues for an unpaid invoice of $8,000 with clear supporting documentation. The defendant never responds. Because the amount is fixed and calculable, the clerk can sign default judgment directly. If the contractor had instead claimed damages for reputational harm from the dispute, that portion would require an assessment hearing.
Can a Default Judgment Be Set Aside?
Under Rule 11 of the Rules of the Small Claims Court, a defendant can move to set aside a default judgment. Courts generally look for: (1) a reasonable explanation for missing the response deadline, (2) an arguable defence on the merits — not just a desire for a second chance, and (3) that the motion was brought as soon as reasonably possible once the defendant learned of the judgment. Courts also weigh prejudice to each side in deciding whether to grant the motion.
What Happens After You Get One
A default judgment confirms your legal entitlement — it doesn't put money in your hands. If the defendant doesn't pay voluntarily, you still need to pursue enforcement: garnishment of wages or bank accounts, a writ of seizure and sale against property, or a debtor examination to locate assets, depending on what's available and worthwhile given the defendant's situation.
Common Mistakes
This determines whether you need an assessment hearing — assuming the wrong path can cause delay.
A default judgment built on shaky service documentation is vulnerable to being set aside later.
Unreasonable delay after the deadline passes can create avoidable complications down the line.
If a default judgment was entered against you, courts expect you to act quickly once you find out — delay can defeat an otherwise good motion.
Need to move for default judgment, or just learned one was entered against you? Call our Toronto team at 416-274-2222 for a free consultation.
Frequently Asked Questions
A defendant served within Ontario generally has 20 days from the date of service to file a Defence. Defendants served outside Ontario generally get additional time, though you should confirm the exact deadline for your specific situation given how service was carried out.
Once the response deadline passes without a Defence being filed, the plaintiff can have the defendant noted in default and move for default judgment — either through the court clerk directly for a fixed, calculable amount, or through an assessment hearing for damages that require judicial evaluation.
For a debt or liquidated demand — a fixed amount that doesn't require judicial discretion to calculate, like an unpaid invoice or loan balance — the court clerk can sign default judgment directly, without a hearing. For unliquidated damages, such as general damages, the matter instead proceeds to an assessment hearing, where a judge determines both entitlement and the amount, similar to an undefended trial.
Yes, under Rule 11 of the Rules of the Small Claims Court, a defendant can move to set aside a default judgment. Courts generally look for a reasonable explanation for missing the deadline, an arguable (meritorious) defence, and that the motion was brought as soon as reasonably possible after the defendant learned of the judgment.
No. A default judgment establishes your legal right to be paid, but it doesn't collect the money for you. If the defendant doesn't pay voluntarily, you still need to use enforcement tools — such as garnishment or a writ of seizure and sale — to actually recover the funds.
If your claim involves damages that require judicial assessment rather than a simple calculation, your default judgment will go through an assessment hearing instead of a clerk-issued judgment, where you'll need to prove both that you're entitled to damages and how much.
While there isn't a strict deadline the way there is for filing a Defence, unreasonable delay can create practical complications — evidence can go stale, and the defendant may raise arguments about prejudice if you later try to enforce. It's generally best to move promptly once a defendant is in default.
Act quickly. Courts generally expect a motion to set aside a default judgment to be brought as soon as reasonably possible after you learn of it — delay can itself defeat an otherwise valid motion, separate from whether you have a good defence on the merits.