What to do the moment you're served — so you protect your rights and never lose by default.
Who this is for: Anyone in Ontario who has just received a Statement of Claim or a Plaintiff's Claim — a court document saying someone is suing you. What you'll get: a clear, time-boxed plan for the first hours and days, plain-language explanations of the documents, and a checklist so nothing slips through the cracks.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
⏰ Read this first: the clock is already running
⚠️ THE SINGLE MOST IMPORTANT THING: When you are served with a claim, a deadline to respond starts immediately. If you do nothing, the other side can ask the court for a default judgment — a decision against you without your side ever being heard. That judgment can be enforced against your wages, bank account, or property.
The deadline to defend is short, strict, and depends on which court you're in:
- Small Claims Court (smaller-value disputes): as of 2026, you have 20 calendar days from the day you were served to file a Defence.
- Superior Court of Justice (larger or more complex disputes): as of 2026, under rule 18.01 of the Rules of Civil Procedure, a Statement of Defence is due within 20 days if you were served in Ontario, 40 days if you were served elsewhere in Canada or in the United States, and 60 days if you were served anywhere else. Delivering a Notice of Intent to Defend within that window buys you 10 extra days.
These periods are set by the Rules of Civil Procedure (Superior Court) and the Rules of the Small Claims Court, and they can be amended — Ontario has reforms to the civil rules under way. Do not rely on a number you half-remember, and don't rely on this page alone: verify the current deadline immediately by reading your document, checking the court's website, or calling the court office or a lawyer. Missing it is the most common, and most damaging, mistake people make.
The takeaway: treat this as urgent. Even if you think the claim is wrong, frivolous, or a mistake — ignoring it does not make it go away. It usually makes it worse.
First 24–72 hours: your immediate steps
Step 1 — Confirm what you've actually received
Pull the document out and identify it. You're likely holding one of these:
| Document | What it means |
|---|---|
| Statement of Claim (Superior Court) | A lawsuit has formally started against you in the Superior Court of Justice. |
| Plaintiff's Claim (Form 7A, Small Claims) | A lawsuit has started against you in Small Claims Court. |
| Notice of Action | A short document starting a Superior Court case quickly, with the full claim to follow. |
| Notice of Motion | The other side is asking the court to order something specific (not necessarily the whole case). |
Tip: Look for the court file number, the court location, and the name of the plaintiff and their lawyer. You'll need all of these for everything that follows.
Step 2 — Write down the deadline (and how you were served)
- Note the date you were served and how (handed to you, left with an adult at your home, mailed, couriered).
- The method and date of service affect when your response is due. Record it precisely.
- Calculate your response deadline using the correct court's rules — and build in a buffer. Aim to respond well before the last day.
⚠️ Watch out: Don't assume the deadline starts when you read it. It generally starts when you were served. If you were away and found it later, tell a lawyer right away — there may still be options, but only if you act fast.
Step 3 — Don't react emotionally to the other side
- Do not call the plaintiff to argue, threaten, or admit anything.
- Do not post about the dispute on social media.
- Do not alter, hide, or throw away any documents, emails, or texts related to the dispute. Destroying relevant evidence can seriously hurt you.
Step 4 — Start gathering your documents
Begin collecting everything connected to the dispute — you'll need it whether you defend, settle, or hand it to a lawyer:
- Contracts, invoices, quotes, and receipts.
- Emails, text messages, and letters between you and the other side.
- Photos, records, bank statements, or anything showing what happened.
- Names of anyone who witnessed the events.
Tip: Make a simple timeline of events with dates. It will help you — and any lawyer — understand the case quickly.
Step 5 — Read the claim closely and assess it
Read every paragraph of what the plaintiff alleges. For each allegation, ask yourself:
- Is this true, partly true, or false?
- Do they have the right person? (Sometimes the wrong individual or the wrong company is named.)
- Is there a defence — for example, that the claim is brought too late under the Limitations Act, 2002, that you already paid, that there was no contract, or that you're not responsible for what's alleged?
- Do you have a claim back against them? (See counterclaims, below.)
Your three paths: defend, settle, or counterclaim
Within those first days, you'll start to see which way you're leaning. You don't have to decide everything at once, but you must protect the deadline while you think.
Path A — Defend
You file a document telling the court your side and why the plaintiff shouldn't win.
- In Small Claims Court, this is a Defence (Form 9A).
- In the Superior Court, this is a Statement of Defence.
Filing on time stops the default-judgment clock and keeps you in the game.
Path B — Settle
Most disputes resolve without a trial. You can negotiate a resolution at any stage — sometimes before you even file a defence.
- A settlement might mean paying less, paying over time, or both sides walking away.
- Get any settlement in writing, signed by both sides (often called Minutes of Settlement).
Tip: Talking settlement does not pause your deadline to defend. If settlement talks are dragging on, file your defence anyway to stay protected, then keep negotiating.
Path C — Counterclaim
If you have a claim against the plaintiff arising from the same situation, you can bring it back in the same lawsuit. This is a counterclaim, filed together with your defence. It can change the whole dynamic — sometimes you're owed more than they say you owe.
What the court documents mean (quick reference)
| Term | Plain meaning |
|---|---|
| Plaintiff | The person/company suing you. |
| Defendant | You. |
| Statement of Claim / Plaintiff's Claim | The document that starts the lawsuit and lists the allegations. |
| Statement of Defence / Defence | Your written response — your side of the story and your defences. |
| Counterclaim | A claim you bring back against the plaintiff in the same case. |
| Default judgment | A judgment against you because you didn't respond in time. |
| Affidavit of Documents | A sworn list of relevant documents each side must share (Superior Court). |
| Examination / Discovery | A stage where each side answers questions under oath about the case. |
| Pre-trial / Settlement conference | A meeting (often before a judge) to try to settle or narrow the issues. |
The 72-hour checklist
Right now
- Confirm exactly which document you received and which court it's from.
- Record the date and method you were served.
- Find the court file number, court location, and the plaintiff's lawyer's contact info.
Within 24–72 hours
- Calculate your response deadline using the correct court's rules — and verify it (court website / court office / lawyer).
- Read every allegation and note whether each is true, partly true, or false.
- Start a file of all relevant documents and a dated timeline.
- Preserve all evidence — change nothing, delete nothing.
- Identify possible defences (including whether the claim is out of time under the Limitations Act, 2002).
- Consider whether you have a counterclaim.
Before the deadline
- Decide your path: defend, settle, counterclaim — or a combination.
- Prepare and file your Defence with the court, and serve it on the plaintiff, on time.
- Talk to a lawyer (ideally well before the deadline, not the night before).
Should you get a lawyer?
You're allowed to represent yourself, and many people do in Small Claims Court. But a lawyer earns their keep when:
- The amount or stakes are significant (your home, your business, your livelihood).
- The case is in the Superior Court, where procedure is more complex.
- There's a counterclaim worth pursuing.
- You're not sure whether you have a valid defence — or whether the claim is even brought in time.
- You simply want it handled so you can focus on your life.
A lawyer reads the claim, spots defences and deadline issues you might miss, drafts your Defence properly, and negotiates from a position of strength. Even a single consultation early on can change your strategy — and your outcome.
Scenario: A small contractor is served with a Plaintiff's Claim alleging defective work. Panicked, they nearly ignore it. Instead, they note the deadline, gather their signed contract and the customer's sign-off email, realize the customer actually still owes a final invoice, and file a Defence with a counterclaim on time. The case settles — with the contractor paid. The difference was acting in the first 72 hours.
How Treadstone Law can help
Being sued is stressful — we make the next step clear. Treadstone Law is a digital-first Ontario firm that defends individuals and businesses in Small Claims and Superior Court matters across the province.
- Flat fees for many litigation services, so you know the cost up front — no surprise hourly bills.
- Online intake — start your file from home in minutes.
- All-Ontario virtual service, with our office in Mississauga.
If you've been served, time matters. Call 1-844-900-1070, visit treadstonelaw.ca/litigation, see transparent treadstonelaw.ca/pricing, or treadstonelaw.ca/start-file to get moving today.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.