Being sued is stressful, especially if the claim seems unfair. What matters most at first is time, because Ontario’s court rules set short deadlines.
What is a statement of claim?
A statement of claim is the document that starts most lawsuits (called actions) in Ontario’s Superior Court of Justice. It names who is suing (the plaintiff) and who is being sued (the defendant), and sets out what the plaintiff wants and why.
Smaller money claims go to Small Claims Court, a branch of the Superior Court of Justice, where the starting document is called a plaintiff’s claim. The first page names the court.
How long do I have to respond?
In the Superior Court, Rule 18.01 of the Rules of Civil Procedure requires a statement of defence within 20 days after service if you were served in Ontario, 40 days if served elsewhere in Canada or in the United States, and 60 days if served anywhere else.
A statement of defence is your written answer: what you admit, what you deny, and your version of the facts. “Deliver” means serving it on the plaintiff and filing it with the court with proof of service.
In Small Claims Court, Rule 9.01 of the Rules of the Small Claims Court gives a defendant 20 days after being served to serve and file a defence. A defendant who owes the money but cannot pay at once can admit it in the defence and propose terms of payment.
Write down the date you were served and the deadline. If unsure, work from the earliest possible date. The Civil Rules Review has proposed major changes to Ontario’s civil court rules, but proposals are not law: as of October 2026, these deadlines are the ones in force.
What is a notice of intent to defend?
A notice of intent to defend is a short form telling the plaintiff you plan to defend. Delivered within your time for a defence, it gives you 10 more days under Rule 18.02, so 30 days in total if you were served in Ontario. Small Claims Court has no equivalent step. The plaintiff can also agree to more time, but get that in writing.
What happens if I do nothing?
Once the deadline passes, the plaintiff can ask the court registrar to note you in default, and the rules do not require a warning first. You are then deemed to admit the facts in the claim, you cannot defend without the court’s permission or the plaintiff’s consent, and you are generally not told about later steps.
For a debt or other fixed amount, the registrar can then sign default judgment without a hearing; for other claims, the plaintiff can ask a judge. Small Claims Court works similarly through its clerk. A judgment can be enforced by garnishment of wages or bank accounts, or by a writ of seizure and sale that can affect property you own.
Until you are noted in default, a late defence can still be delivered, so act right away. If judgment has already been entered, see setting aside a default judgment.
What should I look for in the claim?
Check who is being sued (you, your company, or both), what is claimed, including interest and costs, and the facts alleged. Mark which facts are true, which are wrong and which you know nothing about. In the Superior Court, facts your defence does not deny are generally treated as admitted.
Can I sue them back, or bring someone else in?
In the right case, yes. A counterclaim is a defendant’s claim against the plaintiff, made in the same document as the defence. A crossclaim is a claim against a co-defendant you say should pay all or part of the plaintiff’s claim. A third party claim brings in someone not yet in the lawsuit on a similar basis, such as a contractor whose work you say caused the loss. Each has its own deadline. In Small Claims Court, these are made by a defendant’s claim.
Should I defend it even if the claim is wrong?
Yes. An ignored claim can become a judgment however weak it is. Check the limitation period early. Under Ontario’s Limitations Act, 2002, most claims must be started within two years of the day the claim was discovered. A claim started too late can fail for that reason alone, but the point generally has to be raised in your defence. A part payment or written acknowledgment of a debt can affect the timing, as our guide on acknowledgments and the limitation period explains.
Should I tell my insurer?
If the claim might be covered, notify your insurer promptly and send a copy. Liability insurance may cover a defence and damages for some claims, such as property damage or injury, though it rarely covers a simple unpaid debt. Most policies require prompt notice.
What documents should I keep?
Keep everything about the dispute, such as contracts, invoices, emails, texts and photos, and delete nothing. In the Superior Court, each party must generally disclose every relevant document in its possession, control or power, including documents that hurt its case.
Can I settle instead?
You can negotiate at any stage, and Rule 49 lets any party serve a formal written offer to settle. If an offer is refused and the result is as good as or better than the offer for the party who made it, the rules generally shift legal costs in that party’s favour from the offer date, unless the court orders otherwise. Small Claims Court has its own offer rules. Put any agreement in writing.
If you are the plaintiff
Keep proof of service. Once the deadline passes you can have the defendant noted in default, but a defendant who acts promptly can often have a default set aside, so a short written extension is sometimes more efficient.