Summary
Service starts the clock. Under Ontario's Rules of Civil Procedure, a statement of defence is due 20, 40 or 60 days after service, depending on where the defendant was served, and a notice of intent to defend adds 10 days. A defendant who misses the deadline can be noted in default, which carries deemed admissions and shuts the defendant out of most steps. The court can set default aside on just terms.
Who it affects
Any person or business served with a statement of claim in an Ontario civil action under the Rules of Civil Procedure, including a defendant to a counterclaim or a third party claim. Small Claims Court has its own rules.
The time to deliver a statement of defence
A statement of defence (Form 18A) must be delivered (rule 18.01): - within 20 days after service of the statement of claim, where the defendant is served in Ontario; - within 40 days, where the defendant is served elsewhere in Canada or in the United States; or - within 60 days, where the defendant is served anywhere else.
"Deliver" means serve and file with proof of service (rule 1.03(1)), so the defence must be served on the other parties and filed with the court within that time.
A notice of intent to defend adds 10 days
A defendant who intends to defend may deliver a notice of intent to defend (Form 18B) within the time for a statement of defence. Doing so gives the defendant ten days, in addition to the rule 18.01 time, to deliver the statement of defence (rule 18.02(1)–(2)). The same applies to a defendant to a counterclaim who is not already a party to the main action, and to a third party served with a third party claim (rule 18.02(3)).
Late defence and extensions
A defendant may deliver a statement of defence at any time before being noted in default (rule 19.01(5)). Separately, the court may by order extend or abridge any time prescribed by the Rules, on such terms as are just (rule 3.02(1)).
Noting in default
If a defendant fails to deliver a statement of defence within the prescribed time, the plaintiff may, on filing proof of service of the statement of claim, require the registrar to note the defendant in default (rule 19.01(1)). Where the plaintiff has not done so, a co-defendant that has delivered a defence may move for an order noting the other defendant in default (rule 19.01(3)). A party under disability may be noted in default only with leave of a judge (rule 19.01(4)).
What default means for the defendant
A defendant noted in default (rule 19.02): - is deemed to admit the truth of all allegations of fact made in the statement of claim; - cannot deliver a statement of defence or take any other step in the action, other than a motion to set aside the noting of default or any judgment obtained because of it, except with leave of the court or the plaintiff's consent; - is generally not entitled to notice of further steps, with listed exceptions (rule 19.02(3)).
Default judgment
After noting default, the plaintiff may require the registrar to sign default judgment for a debt or liquidated demand in money, recovery of possession of land or of personal property, or foreclosure, sale or redemption of a mortgage (rule 19.04(1)). For other claims, the plaintiff may move before a judge for judgment (rule 19.05(1)), with evidence by affidavit if the claim is for unliquidated damages (rule 19.05(2)). The judge may grant judgment, dismiss the action, or order a trial with oral evidence (rule 19.05(3)). Deemed admissions are not enough on their own: the facts must entitle the plaintiff to judgment (rule 19.06).
Setting aside default
The Rules give the court a discretion to undo default: - Noting of default: may be set aside by the court on such terms as are just (rule 19.03(1)). If the plaintiff consents to a defence being delivered, the noting of default is deemed set aside (rule 19.03(2)). - Default judgment signed by the registrar or granted under rule 19.04: may be set aside or varied by the court on such terms as are just (rule 19.08(1)). - Judgment on a motion under rule 19.05 or after trial: may be set aside or varied by a judge on such terms as are just (rule 19.08(2)). - On setting aside a judgment, the court or judge may also set aside the noting of default (rule 19.08(3)).
The Rules do not list the factors a court weighs; those come from case law and depend on the facts. These default rules also apply, with necessary modifications, to counterclaims, crossclaims and third party claims, subject to specific default rules for crossclaims and third party claims (rule 19.09).
What it means
The deadline is short and runs from service, not from when the defendant reads the claim. Delivering a notice of intent buys 10 days, and a defence can still go in until the registrar notes default. After that, the defendant needs the plaintiff's consent or a court order to take part.
Key takeaways
The defence period runs from service: 20, 40 or 60 days depending on where the defendant was served.
A notice of intent to defend, delivered in time, adds 10 days.
A defence can still be delivered until the defendant is noted in default.
Default carries deemed admissions of the facts claimed and shuts the defendant out of most steps.
Default can be set aside on just terms.
Frequently asked questions
How long do I have to file a statement of defence in Ontario? Under rule 18.01 of the Rules of Civil Procedure, a statement of defence must be delivered within 20 days after service of the statement of claim if the defendant is served in Ontario, 40 days if served elsewhere in Canada or in the United States, and 60 days if served anywhere else.
What does a notice of intent to defend do? A defendant who delivers a notice of intent to defend (Form 18B) within the time for a statement of defence gets ten more days to deliver the statement of defence (rule 18.02).
What happens if a defendant is noted in default? The defendant is deemed to admit the truth of all allegations of fact in the statement of claim, and cannot deliver a defence or take any other step except a motion to set aside the noting of default or a resulting judgment, unless the court gives leave or the plaintiff consents (rule 19.02(1)).
Can a defence be delivered after the deadline? Yes, at any time before the defendant is noted in default (rule 19.01(5)). The court may also extend time prescribed by the Rules, on such terms as are just (rule 3.02(1)).
Can a noting of default or a default judgment be set aside? Yes. The court may set aside the noting of default on such terms as are just (rule 19.03(1)), and a default judgment may be set aside or varied on such terms as are just (rule 19.08(1) and (2)). When a judgment is set aside, the noting of default may be set aside too (rule 19.08(3)).
Defend a lawsuit with Francis Lawyers
Francis Lawyers has served Ottawa since 1974 and specializes in civil litigation, including commercial litigation. If you have been served, bring the statement of claim and the date and place of service to your first meeting. Read how the litigation process works in Ontario. Book a consultation: call (613) 226-1011 or contact us.
This page is general information about Ontario's Rules of Civil Procedure as of October 29, 2026. It is not legal advice; deadlines depend on how and where a claim was served. Written by the lawyers of Francis Mehr LLP.
