Service

Statement of Defence Drafting in Ontario

A Statement of Defence answers a Statement of Claim. You have 20 days from the date served if served in Ontario, 40 days elsewhere in Canada, and 60 days outside Canada (Rule 18.01). Missing the deadline gets you noted in default.

Superior Court — Form 18A

The defence under Rule 18 of the Rules of Civil Procedure. Admit, deny, or refuse to admit each allegation, paragraph by paragraph. Raise any limitation period, any counterclaim, and any third-party claim. The same form serves the regular and Simplified Procedure tracks.

Small Claims — Form 9A

The Defendant's Claim and Defence under O. Reg. 258/98. Combines the defence with any counterclaim. Paralegals draft and sign these for clients.

What happens if you miss the deadline

The plaintiff can note you in default under Rule 19. Once noted, the court can give judgment without further notice. Set aside the noting by motion under Rule 19.03 with an affidavit explaining the delay and a draft defence.

Frequently asked questions

Can I extend the 20-day deadline?
Yes — by agreement with the plaintiff in writing, or by motion under Rule 3.02 for an extension. The court grants extensions on consent and on contested motions where the defendant has a reasonable explanation and a draft defence ready.
What is a notice of intent to defend?
A 10-day extension under Rule 18.02 — file Form 18B within the original 20-day period to buy yourself 10 extra days to file the full defence.
Auto-fill a Statement of Defence ($5)