statement of defence explained

Statement Of Defence Explained

Date: October 11, 2024

Being served with a lawsuit can be overwhelming. In Ontario, a legal action begins when someone files and serves a statement of claim. If you are named as a defendant, you are required to respond within strict timelines.

The primary way to respond is through a statement of defence, which allows you to deny allegations and present your side of the story. If you need more time, you may first file a notice of intent to defend to extend your deadline.

This article explains what a statement of defence is, when it must be filed, and how a lawyer can help protect your rights in civil litigation.

If you’ve been served with a claim, speak with a litigation lawyer in Toronto for next steps.

What Is a Statement of Defence?

A statement of defence is a legal document filed in response to a statement of claim. It is your official reply to the lawsuit, where you can challenge the allegations and set out your version of events.

A well-prepared statement of defence usually includes:

  • Which claims you admit, deny, or say you do not know of
  • Your version of the facts
  • The legal positions and defences you plan to rely on

What it should not include are detailed legal arguments, supporting evidence, or irrelevant personal commentary.

Filing a strong statement of defence is crucial because it is your opportunity to formally protect your rights and influence the direction of the case.

When Do You Have to File a Statement of Defence?

In Ontario, you generally have 20 days from the date you are served with a statement of claim to file a statement of defence.

If you are not ready within that time, you can serve a notice of intent to defend. This gives you an additional 10 days to prepare and file your defence. In some cases, the plaintiff may agree to further extensions, but courts are strict about deadlines.

Failing to respond on time could mean losing your ability to defend yourself effectively.

What Happens If You Do Not File a Statement of Defence?

If you miss the deadline, the plaintiff can have you noted in default. This means the court treats the allegations in the statement of claim as admitted.

The plaintiff may then ask the court for a default judgment, which could order you to pay damages or comply with other remedies, without your input.

While it is possible to ask the court to set aside a default judgment, you must explain the delay and show that you intend to defend the case. This can be difficult and adds unnecessary risk.

Why You Should Consider a Litigation Lawyer

Responding to a lawsuit is not just about filling out forms; it requires legal expertise, strategic thinking, and strict adherence to the Ontario Rules of Civil Procedure. Mistakes in your statement of defence could weaken your case or cause you to lose important rights.

A litigation lawyer can help you by:

  • Assessing your potential legal defences
  • Drafting and filing a proper statement of defence
  • Negotiating with the other side to seek resolution
  • Representing you in court if the matter proceeds

Legal guidance early in the process can help you avoid costly errors and improve your chances of success.

In Summary

A statement of defence is a defendant’s key response in Ontario civil litigation. Filing it on time or using a notice of intent to defend if more time is needed is essential to preserving your legal rights. Missing deadlines or filing an incomplete defence can result in serious consequences, including a default judgment.

If you are served with a statement of claim, consult with a litigation lawyer right away to ensure you are properly protected.

Need Help With a Statement of Defence?

At Achkar Law, our team of experienced civil litigation lawyers helps individuals and businesses respond effectively to lawsuits. We draft strong statements of defence, guide clients through deadlines, and protect their interests every step of the way.

Call Us Toll-Free: 1-800-771-7882  |  Email: [email protected]

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The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©