When do I need to file a reply in an Ontario civil lawsuit?
A reply is a pleading filed by the plaintiff in response to the defendant's statement of defence. A reply is not always required — in Ontario, if the plaintiff does not wish to deny or respond to new matters raised in the defence, they can simply not file one and the matters raised in the defence are deemed to be in issue.
A reply becomes necessary when the defendant raises new facts in their defence that the plaintiff needs to specifically address. For example, if the defendant pleads a limitation period defence or alleges that the plaintiff agreed to something that the plaintiff disputes, the plaintiff may file a reply to set out their response to those specific matters.
A reply cannot introduce new claims — it is limited to responding to what was raised in the defence. Filing an unnecessary or improper reply can cause confusion and may draw costs consequences. If you receive a statement of defence and are unsure whether a reply is needed, a litigation lawyer can review the defence and advise on whether and how to respond.
Key takeaways
- A reply responds to new matters raised by the defendant in their statement of defence.
- It is not always required — failing to file one means the defence allegations are simply in issue.
- A reply cannot be used to introduce new claims against the defendant.
- Consult a lawyer to determine whether a reply is needed in your case.