What happens if I don't respond to a lawsuit against me in Ontario?
If you are served with a statement of claim in Ontario and do not file a statement of defence within the required time, the plaintiff can move for a default judgment. This means the court can grant the plaintiff the relief they requested — such as a monetary judgment — without hearing your side of the story.
Once a default judgment is entered, the plaintiff can take steps to enforce it against you, which may include garnishing your wages, freezing a bank account, or registering the judgment against your property. Having a judgment registered against you can also affect your credit.
It is possible to bring a motion to set aside a default judgment, but courts require a reasonable explanation for the delay and evidence that you have a genuine defence. Setting aside a default judgment is not automatic and can be costly. The best course of action is always to respond to the claim before the deadline. If you have been served with a statement of claim, contact a litigation lawyer immediately.
Key takeaways
- Ignoring a claim allows the plaintiff to obtain a default judgment against you.
- Default judgments can be enforced through wage garnishment or property liens.
- You can apply to set aside a default judgment, but it is not guaranteed.
- Always respond to a statement of claim before the deadline.