You were served with a Statement of Claim. What now?

Being served starts a clock. In Ontario, a defendant who does not respond in time can be noted in default, and judgment can follow without your side ever being heard.

!
Time-sensitive
A deadline may already be running.

Some legal claims are subject to strict limitation periods. If you believe you may have a claim, do not delay obtaining legal advice.

What to do now

  1. Keep the envelope and record the date and manner you were served — it determines your deadline.
  2. Do not contact the other party's lawyer to argue the merits before you have advice.
  3. Do not delete emails, messages or records connected to the dispute; preservation obligations apply once litigation is anticipated.
  4. Notify your insurer if any policy might respond — some policies require prompt notice.
  5. Obtain legal advice about a defence, a counterclaim, or an early resolution.

What to bring to your lawyer

  • The Statement of Claim and everything served with it
  • Any demand letters or pre-litigation correspondence
  • Contracts, invoices and purchase orders in issue
  • Relevant emails and text messages
  • Any insurance policy you think may respond
Civil Litigation & Appeals →

This page provides general legal information about Ontario law. It is not legal advice, and reading it does not create a solicitor-client relationship.

Talk it through before you respond.

Speak With a Lawyer →Call 905-673-0185
Call 905-673-0185Request Consultation