What is a default judgment and how do I get one in Ontario?

A default judgment in Ontario is a judgment against a defendant who has failed to file a defence within the required time after being served with a statement of claim. It allows the plaintiff to obtain judgment without a full trial, simply because the defendant did not respond to the lawsuit.

Under the Rules of Civil Procedure, a defendant must file a Notice of Intent to Defend within 20 days of service in Ontario (40 days if served elsewhere in Canada or the U.S., or 60 days if served outside Canada and the U.S.) and a Statement of Defence within a further period. If those deadlines pass without any defence being filed, the plaintiff can note the defendant in default, which is a formal recording that the deadline has passed. Once noted in default, the plaintiff can proceed to obtain default judgment.

The process for obtaining a default judgment depends on the nature of the claim. For a liquidated claim (a fixed, ascertainable amount of money, like a specific debt), the plaintiff can obtain judgment by filing a requisition with the registrar without needing a court hearing. For unliquidated claims (where the amount of damages must be assessed), a hearing is required. Default judgment can be set aside by the court if the defendant can show a reasonable explanation for the delay and a potentially meritorious defence, but it is always better to file a defence on time.