Statement Of Defence Explained
In Ontario, people can file and serve statements of claim against defendants to start civil lawsuits. If you receive a statement of claim, you are formally notified that a legal claim has commenced against you.
An individual or entity named as a defendant in a statement of claim must respond by filing a statement of defence. In Ontario, the statement of defence must comply with the Ontario Rules of Civil Procedure (“Rules”). This article will explain what a statement of defence is, when it must be filed, and how a lawyer can assist with your defence.
What is a Statement of Defence?
A statement of defence is a legal document filed in response to a statement of claim, where the defendant denies the allegations made against them and provides their version of events. It allows you to defend yourself in the lawsuit and lay out the facts from your perspective.
Typically, a statement of defence should include:
- A concise response indicating which claims are admitted, denied, or unknown;
- Your version of the relevant facts;
- Legal positions and defences you will rely on during the litigation.
A statement of defence should not include:
- Detailed legal arguments with supporting case law;
- Evidence for the case;
- Irrelevant information, personal opinions, or insults.
The statement of defence is critical to protect your rights in a lawsuit. If it is not properly drafted and filed according to the Rules, the defence may be struck or dismissed entirely, which could have serious legal and financial consequences.
When Is the Deadline to File a Statement of Defence?
In Ontario, a defendant has 20 days from the date they are served with a statement of claim to deliver and file a statement of defence. If additional time is needed, a defendant can serve a notice of intent to defend, which provides an extra 10 days to file the defence. Further extensions can be granted if the plaintiff provides written consent.
It is important to comply with the deadlines set out in the Rules. Courts are strict about timeliness, and failing to file a statement of defence within the appropriate time can result in being noted in default.
What Happens If You Fail to File a Statement of Defence?
If you do not file a statement of defence on time, the plaintiff can request that you be noted in default. Being noted in default means you are deemed to have admitted to the allegations in the statement of claim. The plaintiff can then seek a default judgment, which may result in court orders for remedies or damages without your further involvement in the legal proceedings.
It is possible to bring a motion to set aside a noting in default or default judgment, but you will need to explain to the court why the statement of defence was not filed on time and demonstrate your intent to defend against the allegations.
Should You Hire a Litigation Lawyer?
Filing a statement of defence involves more than simply responding to a claim—it requires compliance with legal rules, proper formatting, and strategic decision-making. Errors in drafting or missing deadlines can lead to costly consequences.
Hiring a litigation lawyer can help you:
- Assess your available legal defences and strategies;
- Draft your statement of defence and ensure it is properly filed;
- Represent you throughout the litigation process and negotiations;
- Reduce your legal risks and increase your chances of a favourable outcome.
It is advisable to consult with a litigation lawyer as soon as you are served with a statement of claim. A lawyer can also help you set aside a default judgment if you did not file a defence when required.
Conclusion
When faced with a lawsuit, filing a statement of defence is essential to protecting your legal rights. Failing to file the document properly or within the required timeframe can have severe consequences. Consulting with a litigation lawyer can help you prepare a strong defence and navigate the legal process to improve your chances of a successful outcome.
Contact Achkar Law for Help with Your Statement of Defence
Being served with a statement of claim is the start of a serious legal process. How you respond with a statement of defence can significantly impact the outcome of your case. At Achkar Law, we help clients prepare a strong defence and guide them through the complexities of civil litigation.
How Achkar Law Can Assist You
- Experienced in Civil Litigation: Our lawyers are well-versed in drafting effective statements of defence, ensuring your response is legally sound and strategically strong.
- Clear Legal Guidance: We help you navigate the rules and deadlines to make sure your defence is timely and properly filed.
- Dedicated Support: Whether defending against a claim or seeking to resolve the dispute through negotiations, Achkar Law works to protect your interests at every stage of litigation.
Take Control of Your Legal Defence
Don’t risk the consequences of missing deadlines or improperly drafting your defence. Contact Achkar Law today to discuss how we can help safeguard your rights and defend against the allegations in a statement of claim.
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