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 (or 40 days if served outside Ontario) 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.