Civil LitigationWhat to Do If You’re Sued in Ontario Civil Court: Deadlines, Defence Forms, and Next Steps

Being sued in Ontario civil court is a stressful experience. Whether you were served with a Statement of Claim from the Superior Court of Justice or a Plaintiff’s Claim from Small Claims Court, the clock starts ticking the moment you receive it. Deadlines arrive quickly, and missing them can lead to a default judgment where the court grants the plaintiff what they ask for, often without your side of the story. 

This comprehensive guide explains what to do if you’re sued in Ontario, the critical timelines, how to prepare your Statement of Defence, and why swift action matters.

Overview of Ontario’s Civil Courts

Ontario has two main courts that handle civil disputes: Small Claims Court and the Superior Court of Justice. Which court you’re in affects the forms you use, the deadlines and even the cost of litigating. Small Claims Court handles claims for money or property up to $35,000 (increasing to $50,000 on 1 October 2025). It’s designed to be simpler and more accessible, and many people represent themselves. Claims above this limit or those involving complex issues go to the Superior Court of Justice. Within the Superior Court there are two procedures, simplified procedure for claims up to $200,000 and ordinary procedure for larger cases.

Small Claims Court uses a Plaintiff’s Claim to start a lawsuit and a Defence (Form 9A) to respond. The Superior Court uses a Statement of Claim or Notice of Action to start a case and a Statement of Defence (Form 18A) to respond. Defendants may also file a Notice of Intent to Defend (Form 18B) to get a ten‑day extension.

Immediate Steps After Being Served

The first 24 hours after you’re served are crucial. Here’s what you should do:

• Confirm service – Check that you are named as a defendant and that the court location and file number are correct. The front page of a Statement of Claim lists this information.
• Note the service date – You generally have 20 calendar days from the date you were served to file your defence. Mark this date on a calendar. If you were served outside Ontario, you may have 40 days (elsewhere in Canada or the U.S.) or 60 days (outside North America).
• Review the claim – Identify the allegations against you and gather documents such as contracts, invoices, emails or photos that support your position. Organize these early; if your defence relies on a document, you should attach it.
• Seek legal advice – Although self‑representation is permitted, consulting a lawyer or paralegal can clarify your options. Free legal clinics (e.g., Pro Bono Ontario) may assist if you can’t afford counsel.
• Consider settlement – If you owe some or all of the amount claimed, you can propose payment terms in your defence. Negotiating early can save time and legal fees.

Which Court Am I In?

Small Claims Court

Small Claims Court hears disputes for up to $35,000 (raising to $50,000 on 1 October 2025). The process is streamlined: you use the Defence (Form 9A) and the case usually proceeds to a settlement conference within 90 days of the first defence. Court fees are lower: filing a defence costs $77, and filing a defendant’s claim costs $108. If you can’t afford fees, you may apply for a fee‑waiver.

Superior Court of Justice

If the claim exceeds the Small Claims limit or involves complex issues (e.g., property disputes, injunctions), it goes to the Superior Court. The simplified procedure applies to cases up to $200,000 and sets time limits to shorten litigation. Cases over $200,000 follow the ordinary procedure.

Key forms include:

• Statement of Defence (Form 18A) – your formal response to a Statement of Claim. It admits, denies or asserts lack of knowledge for each allegation and sets out your version of events.
• Notice of Intent to Defend (Form 18B) – if you need extra time, filing this within the original deadline entitles you to an additional 10 days.
• Counterclaim (Form 27A/27B) – used to sue the plaintiff back in Superior Court.
• Crossclaim (Form 28A) – used to sue another defendant.
• Third‑Party Claim (Form 29A) – used to bring a new party into the lawsuit.

Understanding the 20‑Day Deadline

Both Small Claims Court and the Superior Court require a defendant to deliver a defence within 20 calendar days of service. Service means giving a copy of the document to the other side; filing means giving a copy to the court. The timelines differ based on where you were served:

What Happens If You Miss the Deadline?

If you don’t serve and file your defence in time, the plaintiff can have you noted in default. Being noted in default has serious consequences: the plaintiff may obtain judgment without your participation, and you cannot take further steps in the case without the plaintiff’s consent or court permission. Default judgment lets the plaintiff seek damages or enforcement, like wage garnishment or property seizure, without hearing your side.

Setting Aside a Default

If you’re noted in default, you still have options. You can bring a motion to set aside the noting of default or default judgment, explaining why you failed to respond and outlining your defence. Alternatively, if both parties consent, you can file a request for a clerk’s order to set it aside. In either case, act quickly; the longer you wait, the harder it is to persuade the court to reopen the case.

How to File Your Defence

Preparing the Defence (Small Claims Court Form 9A)

1. Use the right names and addresses – Write or type your name exactly as it appears on the claim. Correct any errors by stating your full legal name.
2. List all parties – Include names and contact information for all plaintiffs and defendants, using Form 1A for additional parties.
3. Respond to each allegation – Review the plaintiff’s numbered paragraphs and reply using the same numbering. Indicate whether you admit, deny or don’t know the fact, and provide reasons.
4. Attach supporting documents – If your defence relies on contracts, invoices or other documents, attach copies. If you can’t locate a document, explain why.
5. Propose payment terms (if applicable) – If you agree you owe the amount, you can propose a payment schedule.
6. Consider a Defendant’s Claim (Form 10A) – If you believe the plaintiff owes you money, indicate this in the defence and file a defendant’s claim within 20 days after the defence.
7. Serve all parties – Deliver a copy of the defence to each party. Complete an Affidavit of Service (Form 8A) for each party and swear or affirm it.
8. File with the court – Submit the original defence, supporting documents and affidavit(s) of service to the court by mail, in person or online. Pay the filing fee or apply for a fee waiver.

Preparing the Statement of Defence (Superior Court Form 18A)

A Statement of Defence admits, denies or claims lack of knowledge for each allegation in the Statement of Claim. It also sets out any additional facts the defendant wants the court to consider. Pro tips:

1. Paragraph structure – Number each paragraph and respond to the numbered paragraphs of the Statement of Claim. Use clear, plain language; legal jargon is unnecessary.
2. Counterclaim, crossclaim or third‑party claim – If you have your own claims, attach the appropriate forms (27A/27B, 28A, 29A) to your defence.
3. Evidence list – Note the documents and witnesses you intend to rely on. Under the simplified procedure, parties exchange an Affidavit of Documents (Form 30A/30B) within 10 days after pleadings close.
4. Serve and file – Serve the defence on all parties by hand delivery, courier or email (if consented). File the defence and Affidavit of Service with the court either online through Civil Claims Online or at the courthouse. If you filed a Notice of Intent to Defend, you must serve and file the Statement of Defence within 10 days.

Notice of Intent to Defend (Form 18B)

If you need more time to prepare your defence—for example, to consult counsel or gather evidence—you can serve and file a Notice of Intent to Defend within the original deadline (20, 40 or 60 days depending on where you were served). Doing so grants an additional ten days to serve and file your Statement of Defence. The Notice of Intent must still be served on all parties and filed with the court along with an Affidavit of Service.

Defendant’s Claims and Counterclaims

In both courts you can sue the plaintiff or another party. In Small Claims Court, this is called a Defendant’s Claim and uses Form 10A. A defendant’s claim is like a plaintiff’s claim but is filed by the defendant to recover money or property from the plaintiff or from a third party. You must file it within 20 days after filing your defence, unless the court grants an extension. When you file a defendant’s claim, you become a plaintiff by defendant’s claim and must properly name the party you’re suing.

In the Superior Court, a Counterclaim (Form 27A or 27B) allows you to sue the plaintiff, a Crossclaim (Form 28A) allows you to sue a co‑defendant, and a Third‑Party Claim (Form 29A) brings a new party into the lawsuit. These forms must be attached to your Statement of Defence and served and filed together. Be mindful of limitation periods; waiting too long to sue may bar your claim.

Serving Documents and Affidavits of Service

Proper service is mandatory. In Small Claims Court you must serve the defence on every plaintiff and defendant and file an Affidavit of Service (Form 8A) for each party. The affidavit must be sworn or affirmed by the person who served the documents.

In the Superior Court, you must serve your Statement of Defence or Notice of Intent to Defend within the applicable timeframe and then file an Affidavit of Service (Form 16B) with the court. Service can be by personal delivery, courier, regular mail, or email if the party has consented. Always keep proof of service.

Online Filing

Both courts offer online filing portals. The Small Claims Court Submissions Online portal allows you to file your defence and affidavits electronically. The Superior Court’s Civil Claims Online portal similarly accepts Statements of Defence and Notices of Intent to Defend. When filing online, ensure you receive confirmation; if the court rejects your documents for errors, you must re‑file before the deadline.

Settlement, Mediation, and Pre‑Trial Conferences

Small Claims Court Settlement Conference

After all defences are filed, the court will schedule a settlement conference, usually within 90 days of the first defence. Attendance is mandatory. A judge or referee helps the parties explore settlement and narrow the issues. If you admitted the claim and proposed payment terms that the plaintiff accepts, the case may end without further steps.

Simplified Procedure – Mandatory Mediation and Settlement Discussion

Under Rule 24.1 of the Rules of Civil Procedure, cases under the simplified procedure in Toronto, Windsor or Ottawa must go to mandatory mediation. A trained mediator helps parties explore settlement. In addition, parties must hold a settlement discussion (meeting or phone call) within 60 days after the first defence or Notice of Intent to Defend is filed.

Pre‑Trial Conferences and Trial Preparation

If settlement fails, the case moves toward trial. In the simplified procedure, the plaintiff must set the action down for trial no more than 180 days after the first defence by serving and filing Form 76C. A pre‑trial conference follows; parties exchange a trial management plan and witness lists, file a Trial Management Checklist (Form 76D), affidavit of documents and supporting evidence, and attend a conference to discuss settlement and streamline the trial.

Evidence Checklist and Pro Tips

• Collect documents – Gather contracts, invoices, receipts, emails, text messages, photos and notes. In the simplified procedure, you must list them in an Affidavit of Documents and share copies.
• Identify witnesses – List anyone who can support your version of events. Provide their names and addresses; you cannot call a witness at trial if you didn’t list them.
• Organize chronologically – Create a timeline of events from the beginning of the dispute to the present. Refer to the timeline when drafting your defence and when speaking to a lawyer.
• Stay factual – Avoid emotional statements. Courts rely on facts and evidence. Use bullet points to make your reasoning clear.
• Meet deadlines – Set calendar reminders for service, filing, settlement discussions and pre‑trial conferences. Late filings can be rejected.
• Consider settlement early – Settlement can occur at any stage. An early agreement can save time and money and may preserve relationships.

Fees and Fee Waivers

Litigating in court involves fees. In Small Claims Court, filing a defence costs $77, a defendant’s claim costs $108, and filing a request for default judgment costs $94. Starting October 2025, the monetary jurisdiction increases to $50,000, but fees remain comparable. Superior Court fees vary but are generally higher; consult the court’s fee schedule. If you cannot afford fees, you may apply for a fee waiver.

Self‑Representation vs. Hiring a Lawyer

You do not need a lawyer to defend yourself in Small Claims Court, but legal advice is strongly recommended, especially in the Superior Court where the Rules are complex and cost penalties are higher. Lawyers can:

• Draft pleadings and ensure they meet the Rules.
• Assess whether you have a valid defence or counterclaim.
• Negotiate settlements.
• Represent you at motions, mediations, pre‑trial conferences and trial.

If you choose to represent yourself, many resources are available: Guides to Small Claims Court and Guides to Civil Procedure from Ontario.ca provide step‑by‑step instructions, and organizations such as Pro Bono Ontario offer free or low‑cost advice. Always stay within your comfort level; complex cases, large dollar amounts or cases involving multiple parties generally benefit from professional representation.

Conclusion

Facing a lawsuit in Ontario can feel overwhelming, but acting quickly and understanding your responsibilities can protect your rights. Use this guide as a roadmap, mark your deadlines, gather your evidence and file the correct forms. If you’re unsure about any step, consult a lawyer or legal clinic. Don’t delay: a proactive defence is your best chance to resolve the dispute on your terms. Ready to take the next step? Contact our legal team for a consultation or explore our resources for self‑represented litigants to ensure you’re prepared for every stage of the process.

Quick FAQs

I’ve been served in Ontario. What should I do in the first 24 hours?

Confirm you are named in the claim, diarize the service date, gather your documents and seek legal advice. The defence deadline is 20 days from service (longer if served outside Ontario), so acting quickly is essential.

How many days do I have to respond after being served in Ontario?

In Small Claims Court, you have 20 calendar days to serve and file a defence. In the Superior Court, the deadline is 20, 40 or 60 days, depending on where you were served. You can get a 10‑day extension by filing a Notice of Intent to Defend.

What happens if I miss the defence deadline, can the court decide without me?

Yes. The plaintiff can have you noted in default and seek a default judgment, which may result in a court order for the full amount plus costs. You can ask the court to set aside the default, but you must explain why you were late and show a potential defence.

Is my case Small Claims Court or Superior Court (and why does it matter)?

It depends on the amount claimed and the complexity. Small Claims Court handles disputes up to $35,000 (rising to $50,000 from 1 October 2025). It is generally faster and cheaper, with simpler rules and lower fees. Cases above that limit or involving property, injunctions or complex issues go to the Superior Court, where the procedures, forms and costs are more involved.

What is a Statement of Defence (Form 18A) and what must it include?

A Statement of Defence is your formal response in the Superior Court. It must admit, deny or state you lack knowledge for each allegation and set out the facts you rely on. You can attach a Counterclaim, Crossclaim or Third‑Party Claim. It must be served and filed within 20/40/60 days of service (plus 10 days if you file a Notice of Intent to Defend).

What is a Notice of Intent to Defend (Form 18B) and when should I use it?

A Notice of Intent to Defend is a short form in the Superior Court that notifies the plaintiff that you intend to defend. Serving and filing it within your original deadline gives you an extra 10 days to prepare and file your Statement of Defence. Use it if you need more time to seek legal advice or gather documents.

Can I file a counterclaim in Ontario, and is it called something different in Small Claims?

Yes. In the Superior Court, you file a Counterclaim (Form 27A/27B) as part of your Statement of Defence. In Small Claims Cour,t you use Defendant’s Claim (Form 10A) and must file it within 20 days after your defence.

Can I settle after being sued in Ontario (and should I still file a defence)?

You can settle at any time, even after filing a defence. Settlement offers can be made directly to the plaintiff or through mediation. Filing a defence preserves your right to dispute the claim and attend the settlement conference; it also prevents default judgment. In Small Claims Court the settlement conference is typically scheduled within 90 days after the first defence. In the Superior Court, simplified procedure cases involve mandatory mediation in Toronto, Windsor and Ottawa, followed by a settlement discussion within 60 days after the first defence.

How much does it cost to file a defence in Small Claims Court, and is a fee waiver possible?

Filing a defence costs $77. Filing a defendant’s claim costs $108. You may also pay fees for motions and trial scheduling. You can apply for a fee waiver if you cannot afford the fees.

Do I need a lawyer to respond, or can I represent myself safely?

You can represent yourself, particularly in Small Claims Court, where procedures are simplified. However, hiring a lawyer is advisable for Superior Court cases because the rules are complex and cost consequences are higher. Free or low‑cost legal resources (Pro Bono Ontario, community legal clinics) can assist if you cannot afford a lawyer.

Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.