- A default judgment arises when a defendant fails to respond to a claim within the required time.
- Courts asked to set aside a default judgment typically weigh several factors together, rather than any single one being decisive on its own: - Why the deadline was missed — a genuine,…
- Even a strong explanation for missing the original deadline won't help much if the debtor also delayed for months after learning about the judgment before doing anything about it.
Finding out a court has already entered judgment against you — for a claim you never got the chance to fight — is unsettling. Maybe you moved and never saw the paperwork, maybe you thought a phone call with the other side meant the lawsuit had gone away, or maybe you simply missed the deadline. Ontario's civil process does allow a debtor in this position to ask the court to set aside a default judgment, but it isn't automatic, and courts don't grant it just because being on the hook feels unfair.
Why This Happens
A default judgment arises when a defendant fails to respond to a claim within the required time. If a defendant is properly served and does not file a defence by the applicable deadline, the plaintiff can have them noted in default and, in many cases, obtain judgment without a trial ever taking place. From the debtor's side, this can feel sudden — but procedurally, it follows directly from missing a deadline that was, legally speaking, properly triggered by service.
What a Court Generally Looks At
Courts asked to set aside a default judgment typically weigh several factors together, rather than any single one being decisive on its own:
- Why the deadline was missed — a genuine, reasonable explanation carries more weight than simple inattention or delay
- How quickly the debtor acted once they learned about the judgment — prompt action helps; a long, unexplained delay hurts
- Whether there is an arguable defence to the underlying claim — the court wants to see that reopening the case could actually change the outcome, not just delay the inevitable
- Prejudice to the other side — whether reopening the matter would unfairly harm the plaintiff, for example if evidence or witnesses are no longer available
No single factor guarantees success or failure; the court weighs them together based on the specific facts.
Common (and Weak) Excuses vs. Stronger Ones
| Weaker explanations | Stronger explanations |
|---|---|
| "I forgot about it" | Never actually received the claim despite technical service |
| "I was busy" | Serious illness, hospitalization, or another significant incapacity during the response window |
| "I didn't think it was serious" | Genuine confusion caused by ambiguous or incomplete service |
| No explanation at all for the delay in responding to the judgment | Acted promptly the moment the judgment came to light |
Even a strong explanation for missing the original deadline won't help much if the debtor also delayed for months after learning about the judgment before doing anything about it.
What You Need to Show an Arguable Defence
It generally isn't enough to say "I disagree with the claim." Courts look for something more concrete — a version of events, supported where possible by documents or other evidence, that suggests a genuine dispute exists over liability or the amount claimed. If, on the facts, there is really no dispute — the debt is real, the amount is accurate, and there's no legitimate defence — a court is far less likely to reopen the matter just to delay the inevitable.
Step-by-Step: What to Do If You've Been Noted in Default or Judgment Has Been Entered
- Act immediately — delay is one of the most damaging factors against you
- Get a copy of the court file to understand exactly what was claimed, how you were served, and what has happened procedurally
- Write out your explanation for why you didn't respond in time, as clearly and honestly as possible
- Identify your defence to the underlying claim — what facts or documents support your position
- Bring a motion to set aside the default (and any judgment) — this is a formal step with the court, not an informal request to the other side
- Be prepared to address any prejudice concerns the other side raises about reopening the case
Frequently asked questions
Is there a deadline to ask the court to set aside a default judgment?
There is no fixed universal deadline stated for every case, but delay works strongly against the debtor — courts consistently treat how quickly someone acted after learning of the judgment as an important factor. If you've just found out about a default judgment, treat it as urgent rather than something to deal with eventually.
What happens if my motion to set aside is successful?
If the court agrees to set the default judgment aside, the case is generally reopened — you may be given an opportunity to file a defence, and the matter proceeds as if the default hadn't happened, subject to whatever conditions the court imposes (which sometimes includes paying some costs to the other side).
Can a default judgment be enforced against me while I'm trying to set it aside?
A judgment generally remains enforceable unless and until it is set aside or the court orders enforcement paused. This is another reason to act quickly — the debtor's exposure to enforcement steps like garnishment or a writ of seizure and sale doesn't automatically pause just because a motion has been filed.
What if I was never actually served with the original claim?
If you can show service was never properly completed, that is one of the stronger grounds for setting aside a default judgment, since the entire basis for the default — a failure to respond to something you were required to respond to — may not have been legally triggered at all. This is a factual and procedural question worth having reviewed carefully.
This is a litigation question
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