The Statement of Defence Deadline in Ontario: What Happens If You're Late

You've just been served with a Statement of Claim, and now there's a clock running. Missing the deadline to respond isn't just a paperwork slip — it can cost you the right to defend the claim at all before you ever get the chance to explain your side.

This guide sets out the actual statement of defence deadline in Ontario, what counts as being properly served, and what your options are if the deadline has already passed.

How Many Days You Actually Have

The time you get to serve and file a Statement of Defence depends on where you were served:

These periods run under Ontario's Rules of Civil Procedure and apply to ordinary Superior Court and Simplified Procedure actions; Small Claims Court uses its own, separate process and timelines for filing a Defence. These day counts are current as of mid-2026 — procedural rules can be amended, so confirm you're working from the current version of the Rules before relying on exact figures in a live matter.

What Counts as Being "Served"

The clock starts on the day you are properly served with the Statement of Claim (or Notice of Action) — not the day you happen to notice it, open the envelope, or decide to deal with it. Proper service generally means the claim was delivered to you, or in some cases an authorized substitute, in a way that satisfies Ontario's service rules.

If you're not sure whether service was proper — for example, it was left with someone else at your address, or you only found out about it secondhand — raise that with a lawyer immediately, since it can affect whether the deadline has actually started running.

What Happens If You Miss the Deadline

If you don't serve and file your defence in time:

• The plaintiff can generally note you in default, a formal step that limits your ability to participate further in the case unless the default is set aside.
• Once noted in default, the plaintiff may be able to obtain a default judgment against you — potentially without a trial and without you having presented any defence at all.
• A default judgment can, in some circumstances, later be set aside by the court, but that generally requires bringing a motion, explaining the delay, and showing you have an arguable defence. It is not automatic, and it takes more effort — and cost — than simply defending on time would have.

Can the Deadline Be Extended?

Sometimes, yes. The plaintiff's lawyer may agree in writing to extend the time to defend, which is common where both sides are already talking about settlement or the defendant just needs a short amount of additional time. Where the other side won't agree, it is generally possible to ask the court for more time, though that requires a motion and is not guaranteed.

The safest approach is always to treat the original deadline as real and get help well before it arrives, rather than assuming an extension will be available.

If You've Just Been Served, Do This

• [ ] Note the exact date you were served
• [ ] Confirm which service category applies to you: Ontario, rest of Canada/U.S., or outside Canada/U.S.
• [ ] Calculate your actual deadline from that date
• [ ] Contact a lawyer well before the deadline — not the day it expires
• [ ] Gather any documents relevant to the claim while your memory of events is fresh
• [ ] Do not ignore the claim on the assumption it will "go away"

Frequently asked questions