Superior Court of Justice · Ontario

Served With a Statement of Claim in Ontario?

When you call, you speak with George directly, Monday to Friday, 9 a.m. to 5 p.m., in English or Arabic.

Licensed by the Law Society of OntarioEnglish & ArabicMississauga · Toronto · GTA

Strict Deadlines Apply

Get clear advice before your time to respond runs out

Being served with a statement of claim is stressful, especially when the court papers are full of unfamiliar terms. A statement of claim starts a lawsuit in the Ontario Superior Court of Justice. It sets out what the plaintiff says happened and what they want from you.

The most important thing to know is that you have a limited time to respond. If you do nothing, the plaintiff can ask the court to proceed without hearing your side.

Habib Legal Counsel defends individuals and small businesses who have been sued in civil disputes across Mississauga, Toronto and the GTA. George Habib is a lawyer licensed by the Law Society of Ontario. When you call, you speak with George directly, Monday to Friday, 9 a.m. to 5 p.m., in English or Arabic.

Your Deadline

Your deadline to respond

A statement of defence must be delivered within a set number of days after you are served. The time depends on where you were served:

20days

If you were served in Ontario

40days

If you were served elsewhere in Canada or in the United States

60days

If you were served anywhere else

Need More Time to Prepare?

If you intend to defend, you can deliver a Notice of Intent to Defend within the same time. Doing so gives you 10 more days to deliver your statement of defence.

When the Clock Starts

The deadline is counted from the date you were served, not the date you read the papers. If you are unsure when or how you were served, get advice right away.

If You Don’t Respond

What happens if you don’t respond

If a statement of defence is not delivered in time, the plaintiff can ask the court registrar to note you in default.

For some claims, such as a claim for a debt or a fixed amount of money, the plaintiff can then have judgment signed against you without a hearing.

A defence can still be delivered at any time before you are noted in default. After that, the court can set aside a noting of default or a default judgment, but only on terms it considers just — it is not automatic. Acting early keeps your options open.

A defendant who has been noted in default:

  • —Facts Treated as AdmittedIs treated as admitting the facts set out in the statement of claim.
  • —No Defence Without PermissionCannot deliver a defence or take other steps in the lawsuit without the court’s permission or the plaintiff’s consent.
  • —No Notice of Next StepsIs generally not entitled to notice of further steps in the case.
Next Steps

What to do now

01

Don’t Ignore the Papers

Keep the statement of claim and anything that came with it.

02

Note How You Were Served

Write down when and how you were served — handed to you, left at your home, mailed, or another way.

03

Gather Your Documents

Contracts, invoices, quotes, emails, text messages, photos and payment records related to the dispute.

04

Be Careful What You Say

Be careful what you say to the other side until you have had advice.

05

Book a Consultation

Book as soon as you can, and bring the claim and your documents.

How We Can Help

How we can help

From the first look at the claim to each step that follows, here is how Habib Legal Counsel can help you respond.

  • 01Review the statement of claim and confirm your deadline.
  • 02Explain your options in plain language — in English or Arabic.
  • 03Deliver a Notice of Intent to Defend where it makes sense, to gain time.
  • 04Prepare and deliver your statement of defence.
  • 05Consider whether you have a claim of your own against the plaintiff (a counterclaim).
  • 06Negotiate with the other side, where a settlement makes practical sense.
  • 07Represent you as the lawsuit moves forward.
Lawsuits We Defend

Lawsuits we defend

We defend individuals and small businesses who have been sued in civil disputes across Mississauga, Toronto and the GTA.

01

Claims that you breached an agreement, failed to perform, or failed to pay.

02

Claims between business owners, partners or shareholders, and claims from customers or suppliers.

03

Homeowners and contractors sued over unfinished, defective or unpaid renovation and construction work.

04

Other lawsuits started by a statement of claim in the Superior Court of Justice.

FAQs

Frequently asked questions

Answers to common questions from people who have just been served. This is general information, not legal advice — your deadlines and options depend on the facts of your case.

How long do I have to file a statement of defence in Ontario?

If you were served in Ontario, a statement of defence is due within 20 days of service. It is 40 days if you were served elsewhere in Canada or in the U.S., and 60 days if served anywhere else. Delivering a Notice of Intent to Defend within that time adds 10 days.

It is a short court form telling the plaintiff that you intend to defend the lawsuit. Delivering it on time gives you 10 extra days to prepare your statement of defence.

You can still deliver a defence as long as you have not been noted in default. If you have been noted in default, the court may set it aside on terms it considers just, but it is not guaranteed. Call as soon as possible.

In some cases a defendant can bring a counterclaim as part of the defence. Whether it makes sense depends on the facts.

No. A Plaintiff’s Claim is used in Small Claims Court, which has its own rules. This page is about a statement of claim in the Superior Court of Justice. Contact us either way and we will tell you what applies.

Yes. George Habib speaks English and Arabic.

The statement of claim and anything served with it, a note of when and how you were served, and any contracts, invoices, messages, photos or payment records related to the dispute.

Google Reviews

Trusted by clients across Ontario

“
George was quick to respond and explained the legal process clearly and simply. I left fully understanding what I signed. Highly recommend!
★★★★★  A.S. · Google review
“I had a great experience with this law firm. George was professional, knowledgeable, and welcoming throughout the entire process. I really appreciated how clearly everything was explained and how comfortable and easy the process was.”
C. · Google review
“Great experience with this law firm. The team was professional, responsive, and took the time to explain everything clearly.”
J.U. · Google review
“I highly recommend Habib Legal Counsel for their professionalism, dedication, and excellent service.”
A.M. · Google review
“Very honest and compassionate professional.”
M.E. · Google review
“He was very polite and showed great professionalism.”
A.Y. · Google review
Contact Us

Talk to a lawyer about the claim against you

Call George Habib directly at 647 648 2164 (Monday to Friday, 9 a.m. to 5 p.m.), or send an enquiry below. Consultations in English or Arabic.

This page provides general information about civil procedure in Ontario and is not legal advice. Deadlines and options depend on the facts of your case. Contacting us through this page does not create a lawyer–client relationship.

Telephone647 648 2164
Office · by appointment6733 Mississauga Road, Suite 700
Mississauga, ON L5N 6J5