Being served with a lawsuit can be overwhelming. You may be angry, confused, or unsure why the claim has been brought against you.

The worst response, however, may be to put the paperwork aside and hope the situation goes away.

It won’t.

What Is a Statement of Claim?

A Statement of Claim is a document used to start many civil actions in Ontario. It sets out the plaintiff’s allegations and the relief they are asking the court to provide.

If you have been served, you have been formally notified that legal proceedings have been commenced against you.

That DOES NOT mean the plaintiff has automatically proven their case. It DOES mean that you need to respond appropriately.

There Are Deadlines

Under Ontario’s Rules of Civil Procedure, a defendant served in Ontario generally has 20 days to deliver a Statement of Defence. Different deadlines apply when service occurs outside Ontario.

In certain circumstances, a defendant can deliver a Notice of Intent to Defend, which provides an additional 10 days to deliver the defence.

Missing a deadline can have serious consequences, including the possibility of being noted in default.

Don’t Try to Handle Everything Yourself

A civil lawsuit involves rules about pleadings, evidence, disclosure, examinations, motions, settlement and trial procedure.

Even if you believe the claim against you is completely unfair, there may be legal issues that you do not recognize from reading the Statement of Claim. A lawyer can review the allegations, explain your options and help determine an appropriate strategy.

Gather Your Documents

Before meeting with a lawyer, gather anything relevant to the dispute, including:

  • Contracts and agreements
  • Emails and text messages
  • Invoices and receipts
  • Photographs
  • Medical records, where relevant
  • Insurance information
  • Letters or other correspondence
  • The Statement of Claim and proof of service

Don’t delete or alter potentially relevant communications or documents.

Act Quickly

The earlier you obtain legal advice, the more time your lawyer may have to assess the claim and respond appropriately.

If you have been served with a Statement of Claim in Ottawa or elsewhere in Ontario, contact our team as soon as possible. We can review the claim, explain the next steps and help you understand your options.

The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.