If you’ve been served with a legal claim in Ontario, it’s crucial to act quickly. Under the Rules of Civil Procedure, defendants have 20 days to respond to a statement of claim, starting from the day you are served. If you were served outside Ontario, you have 40 days to respond. Adhering to this timeline is critical for mounting an effective defense against the allegations.
The 10-Day Notice of Intent to Defend
If you need more time to prepare your defense but still wish to preserve your right to contest the claim, you can file a Notice of Intent to Defend. This document informs the plaintiff and the court of your intention to defend against the claim, allowing you an additional 10 days (for a total of 30 days if you were served in Ontario and a total of 50 days if you were served outside of Ontario) to file your statement of defense.
Consequences of Failing to Respond
Failing to respond within the 20-day (or 30-day, if you filed a Notice of Intent to Defend) window can lead to serious consequences. The plaintiff may apply for a default judgment against you, meaning they could win the case without your participation. This could result in financial penalties, a judgment against your assets, or other legal ramifications.
Legal Representation
It’s highly advisable to consult with a lawyer immediately upon receiving a statement of claim. A lawyer can help you navigate the complexities of the allegations, understand your rights and obligations, and formulate an appropriate defense. They will assist in preparing and filing your statement of defense, ensuring it addresses each claim made against you within the 20 day (or 30 day) period.
Understanding the response period in Ontario is essential for anyone facing a legal claim. Prompt action and expert legal guidance can help you navigate this challenging process and protect your rights.
If you or your company have been served with a statement of claim, reach out to our firm for legal advice as soon as possible to ensure you meet all necessary deadlines and properly defend your case.
Ariel Dorfman, Associate Lawyer