What happens if you ignore a statement of claim in Canada

Getting served with a lawsuit is stressful. Some people set the papers aside and hope the problem goes away. It does not. If a defendant files nothing on time, the court process keeps moving without them.

This page explains what happens when a defendant ignores a claim in a Canadian civil court. It is information, not legal advice. Deadlines and terms depend on your province, your court, and the type of claim. Quebec uses its own procedure and terms.

What the document is

The document that starts a lawsuit has different names. Ontario and Alberta call it a statement of claim. British Columbia calls it a notice of civil claim. Small claims courts use their own forms and names.

The document names who is suing, who is being sued, what the plaintiff says happened, and what the plaintiff wants. It also tells the defendant how to respond and how long the defendant has. Read the whole thing, including the instructions on the first pages.

The response deadline is short

The defendant has a fixed number of days to respond. The count starts on the day of service, not the day the defendant reads the papers.

In Ontario, a defendant served in Ontario has 20 days to deliver a statement of defence. A defendant can serve a notice of intent to defend, which adds 10 days. In British Columbia, a defendant served in Canada has 21 days to file a response to civil claim. Both provinces allow more time when the defendant is served outside the province or outside the country. Alberta and the other provinces set their own periods.

Small claims courts have their own deadlines, and these can be different from the ones above. Check the claim itself for the date.

What default judgment means

If the deadline passes and the defendant files nothing, the plaintiff can take the next step. In Ontario, the court office records the defendant as “noted in default.” Other provinces use different wording for the same idea. The plaintiff can then ask for a default judgment.

A default judgment is a court decision for the plaintiff. The court has not heard the defendant’s side. The judge or court official works from the plaintiff’s claim.

For a simple debt with a fixed amount, a court clerk or registrar can often grant the judgment on paperwork. For other claims, such as damages for an injury, the plaintiff may need to bring a motion or application before a judge. The plaintiff may have to give evidence of the amount.

What a default judgment can lead to

A judgment is a legal debt. The plaintiff can use enforcement tools to collect it. These can include garnishing wages, garnishing bank accounts, and registering the judgment against real estate. The tools and steps differ by province.

Interest and legal costs can also be added to the amount. A claim for a modest sum can grow once the plaintiff adds these.

The judgment can also show up in later dealings, such as when a person applies for a mortgage or a loan. Credit effects depend on the situation, so ask a lawyer or a credit professional about your case.

Can a default judgment be undone

Sometimes. A defendant can ask the court to set aside a default judgment. Courts in many provinces look at three questions. Did the defendant act quickly once they learned of the judgment? Is there a reasonable explanation for missing the deadline? Does the defendant have an arguable defence?

Success is not guaranteed. The longer the wait, the harder the request becomes. The court may also order the defendant to pay the plaintiff’s costs of the motion or to meet other conditions.

Steps to take after you are served

Write down the date you were served. Keep the envelope, the papers, and any note about how they arrived. The deadline starts from service.

Read the claim and find the response deadline. The document states it. Mark the date on a calendar.

Check your insurance. A claim about a car accident, a fall on your property, or damage to someone else’s property may be covered by an insurance policy. Policies often require prompt notice. The insurer may hire a lawyer to defend the claim. Send the papers to the insurer right away.

Contact a lawyer. A lawyer can tell you whether the claim was served properly, whether a limitation period has passed, and what defence is available. If cost is a concern, ask your provincial law society about its lawyer referral service. Legal aid, community legal clinics, and court self-help centres may also help, depending on where you live and your income.

Ask for more time in writing if you need it. Lawyers often agree to short extensions. Get the agreement in writing. A verbal promise does not stop the plaintiff from moving ahead.

File your response on time. Even if the claim is wrong or the amount is too high, the response is how the defendant gets a say. A defendant can also file a counterclaim in the same step if they have a claim against the plaintiff.

What if the claim is wrong or the service was bad

Some claims name the wrong person. Some are served in a way the court rules do not allow. Do not assume these problems end the case. A defendant who believes the service was improper still needs advice about how to raise it. Doing nothing can still lead to default.

What comes after the response

Once the defendant responds, the case moves to the stages that follow, such as document disclosure, examination for discovery, and settlement talks. Our guide to the stages of a civil lawsuit in Canada lists each step in order.

Many claims settle after the defendant responds. A response does not mean the defendant admits anything. It keeps the defendant in the case and gives the defendant a chance to be heard.