What happens if I am sued and need to defend myself in Ontario civil court?

If you are served with a statement of claim in Ontario's Superior Court of Justice, you have a set time to file a document called a "statement of defence" responding to the plaintiff's claims. Under the Rules of Civil Procedure, the deadline to deliver a defence depends on where the defendant was served — generally 20 days if served in Ontario, longer if served outside the province.

In your statement of defence, you respond to each allegation in the plaintiff's claim — admitting what is accurate, denying what is not, and stating the facts you rely on. You should raise any affirmative defences you have, such as the claim being out of time, a limitation period defence, or any counterclaim you have against the plaintiff.

Failure to file a defence in time can result in you being noted in default, which allows the plaintiff to seek a default judgment against you without a trial. If you receive a claim and are unsure what to do, consult a lawyer immediately — the clock starts running from the moment you are served.

Even if you believe the claim is meritless, you must file a defence to protect yourself. Courts expect defendants to respond formally. A lawyer can review the claim, advise on defences available to you, and help you prepare a response that protects your interests.