Being served with a statement of claim can be frightening. Maybe a process server handed you an envelope, or papers arrived in the mail, and now you are being told you are being sued. It is normal to feel anxious — but the worst thing you can usually do is ignore it. In Ontario, lawsuits run on deadlines, and once a clock starts, it keeps ticking whether or not you respond.
This article explains, in plain language, what a statement of claim is, the general timelines for responding, and why acting early matters. It is educational information only and not legal advice. Every case depends on its own facts, and the right response for you depends on your situation.
If you have been served, deadlines apply, and early legal advice may help protect your rights.
Why This Matters
A statement of claim is the document that starts a civil lawsuit. It sets out what the other side (the plaintiff) says you did wrong and what they want — often money. If you do not respond within the time allowed, the plaintiff may be able to take steps to obtain a judgment against you without your side being heard. That can affect your finances, your credit, and your property.
Responding properly matters because:
- There are firm timelines for filing a defence.
- Missing the deadline can lead to being “noted in default.”
- A default judgment can be entered against you, sometimes for the full amount claimed.
- A judgment can lead to enforcement steps such as garnishment of wages or liens.
- Early action usually gives you more options, including the possibility of settlement.
Common Situations
People seek advice after being served with a claim in many different circumstances, including:
- A business owner sued over an unpaid invoice or a contract dispute.
- An individual sued by a collection agency or creditor over an alleged debt.
- A contractor or homeowner involved in a construction or renovation dispute.
- A former business partner or shareholder facing a claim.
- Someone who believes the claim is wrong, exaggerated, or against the wrong person.
- A person who was served but is not sure whether the deadline has already passed.
Each of these can be handled differently depending on the facts and the documents involved.
Overview
Most civil lawsuits in Ontario proceed in one of two places: the Small Claims Court (generally for claims up to a set monetary limit) or the Superior Court of Justice (for larger or more complex claims). The procedures differ, and so do some of the forms and deadlines.
A few general points commonly apply:
- Deadlines to respond (Superior Court). Under Ontario’s Rules of Civil Procedure, R.R.O. 1990, Reg. 194, a defendant who is served in Ontario generally has 20 days to serve and file a statement of defence. The period is generally 40 days if served elsewhere in Canada and 60 days if served outside Canada. Serving a Notice of Intent to Defend can, in many cases, add additional time to deliver the defence.
- Deadlines to respond (Small Claims Court). In Small Claims Court, a defendant who wishes to dispute a claim generally must file a defence within 20 days after being served. The forms and process are designed to be simpler than in Superior Court.
- Default. If no defence is filed in time, the plaintiff may ask the court to note the defendant in default, which can lead to a default judgment.
- Limitation periods. Separately, the Limitations Act, 2002, S.O. 2002, c. 24, Sch. B sets a basic limitation period of two years from when a claim is discovered, with an ultimate limitation period of 15 years. Whether a claim was started in time is fact-specific and can be an important issue in some cases.
Because deadlines, forms, and procedures vary between courts and depend on how and when you were served, the applicable rules depend on the facts of each case.
You may wish to obtain legal advice promptly. A lawyer can review the claim, confirm the deadline that applies to you, and explain your options.
Potential Risks
Failing to respond properly to a statement of claim can have serious consequences. Some general risks include:
- Default judgment, where the court can grant judgment against you because no defence was filed.
- Enforcement steps, such as garnishment of wages or bank accounts, or liens against property, after a judgment.
- Paying more than necessary, if you do not raise a valid defence or a limitation issue.
- Costs awards, since the losing side in litigation can be ordered to pay some of the other side’s legal costs.
- Lost opportunities to settle on better terms by waiting too long.
These are general examples. Whether they apply to you, and how, depends on your circumstances.
Frequently Asked Questions
It is the document that begins a civil lawsuit. It describes what the plaintiff says happened and what they are asking the court to order, often including a demand for money.
In Superior Court, a defendant served generally has 20 days to serve and file a statement of defence (longer if served outside Ontario). In Small Claims Court, the period is generally 20 days. Because timing depends on how and when you were served, you should confirm your exact deadline quickly.
It is a document filed in Superior Court matters to signal that you intend to defend. Filing it can, in many cases, give you additional time to deliver your statement of defence. Whether and how it applies depends on your situation.
If you do not respond in time, the plaintiff may have you noted in default and may obtain a default judgment against you. That can lead to enforcement steps. This is why it is important to act before your deadline.
In some circumstances, a court may set aside a default judgment, but this is not guaranteed and depends on the facts, the reasons for the default, and how quickly you act. Legal advice is important here.
Small Claims Court generally handles claims up to a set dollar limit using simpler procedures, while the Superior Court handles larger or more complex matters with more detailed rules. Which one applies depends on the claim.
It might. The Limitations Act, 2002 sets a basic two-year limitation period and a 15-year ultimate period. Whether a claim was started in time is fact-specific and can sometimes be a defence, but you should not assume — get advice.
You may be able to raise these issues in your defence, but you must still respond within the deadline. A lawyer can review the claim and help you decide how to respond.
Many civil disputes resolve through settlement negotiations or mediation. Responding on time keeps your options open, including the option to negotiate. Whether settlement is right for you depends on the facts.
You are not required to have a lawyer, but litigation involves strict rules and real consequences. A lawyer can help you avoid procedural mistakes and present your defence effectively.
Not necessarily, but you should act immediately. Options may still exist depending on the stage of the case and your circumstances. Speak with a lawyer as soon as possible.
Why Choose HKS Law
HKS Law helps individuals and businesses across Ontario respond to lawsuits in both Small Claims Court and the Superior Court of Justice. We focus on understanding your situation quickly, explaining your options in plain language, and helping you respond within the deadlines that apply. Whether your goal is to defend the claim, negotiate a resolution, or simply understand where you stand, we are here to help you move forward with confidence.
Act Now!
If you have been served with a statement of claim, do not wait until the last day. Deadlines apply, and early legal advice may help protect your rights and your options. Every situation is different.
Contact HKS Law today to schedule a consultation: 📞 Phone: 519-489-0303 ✉️ Email: sales.hkslaw@gmail.com
Legal Disclaimer The content of this article is provided for informational purposes only and does not constitute legal advice or create a lawyer-client relationship. While every effort has been made to ensure the accuracy of the information provided, laws and regulations are subject to change, and the application of these laws may vary depending on the specific facts and circumstances of your situation. Readers are encouraged to seek professional legal counsel for advice tailored to their individual circumstances. HKS Law assumes no responsibility or liability for any errors, omissions, or reliance on the information provided herein. For personalized legal assistance, please contact our office directly.
If you require legal advice regarding your specific circumstances, please contact HKS Law to schedule a consultation with a lawyer. Do not wait, call now!
