What happens if I don't file a statement of defence to a lawsuit in Ontario?
If you are served with a statement of claim and do not file a statement of defence within the deadline — generally 20 days if served in Ontario, 40 days if served elsewhere in Canada or the U.S., and 60 days if served outside North America — the plaintiff can note you in default. Once noted in default, you lose the right to defend the claim, participate in the lawsuit, or receive further notice of most steps, unless you first get the default noting set aside.
After noting you in default, the plaintiff can move for default judgment. If the claim is for a fixed or easily calculated amount, such as a debt, the court can often grant judgment without a hearing. If damages need to be assessed, such as in a personal injury or breach-of-contract claim, the court sets a hearing to determine the amount, but liability is treated as established.
Getting a default judgment set aside is possible but not automatic — you generally need to act promptly, provide a reasonable explanation for missing the deadline, and show you have an arguable defence on the merits. Courts weigh prejudice to the plaintiff and how much time has passed.
If you have been served with a claim, do not ignore it. Contact a lawyer immediately, even if you think you missed the deadline — options can still exist, but they narrow quickly with time.
Key takeaways
- Missing the deadline to file a statement of defence lets the plaintiff note you in default.
- Being noted in default cuts off your right to participate in the case unless it is set aside.
- The plaintiff can then seek default judgment, with damages assessed separately if not a fixed amount.
- Setting aside a default judgment requires prompt action, a reasonable explanation, and an arguable defence.