What is a statement of defence and when do I have to file one in Ontario?

A statement of defence is the document a defendant files to respond to a statement of claim in Ontario Superior Court. It admits or denies the plaintiff's allegations, sets out the defendant's version of the facts, and raises any defences the defendant intends to rely on at trial.

The deadline to serve and file a statement of defence depends on how the statement of claim was served and where the defendant was located when served. If you are served in Ontario, the deadline is generally 20 days. If you ignore the claim and miss the deadline, the plaintiff can seek a default judgment against you — which means the court can rule in their favour without you having a chance to present your side.

Even if you plan to contest the claim vigorously, you may also consider filing a counterclaim against the plaintiff or a crossclaim against another defendant if you have related claims of your own. Pleadings are technical documents and errors can be difficult to correct later, so it is advisable to work with a litigation lawyer to draft your defence.