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

A default judgment is a court order awarding you what you claimed because the defendant failed to defend the case. In Ontario, when you file a claim and the defendant does not file a defence within the required time period, you are entitled to ask the court to note the defendant in default and then move to obtain judgment without a trial.

In Small Claims Court, if a defendant does not file a defence in time, you can request that the court clerk note the defendant in default. You can then request a default judgment, which may be granted by the clerk for undisputed liquidated amounts (fixed, ascertainable sums) or by a judge if the claim requires the court to determine the amount.

In Superior Court of Justice proceedings, the process is similar. The defendant is noted in default, and you may move before a judge for judgment on the claim.

Obtaining a default judgment is not the end of the process — it is a judgment against the defendant, but collecting on it is a separate challenge. The defendant can sometimes set aside (cancel) a default judgment if they act quickly and have an arguable defence and a reasonable explanation for not filing on time. If the defendant successfully sets aside the judgment, the case proceeds normally.