Served With a Statement of Claim in Ontario: What Happens Next

If you have been served with a statement of claim in Ontario, you are being sued. The document sets out what the plaintiff alleges and what they want from the court. Receiving it does not mean the plaintiff is right, but it does start a clock, and the rules about that clock are what this guide explains.

What is a statement of claim?

A statement of claim is the document that begins a regular civil lawsuit (called an "action") in Ontario's Superior Court. Rule 14.03(1) names it as the originating process for an action (generally on Form 14A, with limited exceptions such as a notice of action).

In the Small Claims Court, the equivalent document is called a plaintiff's claim (Form 7A). The Small Claims Court rules say an action starts when the plaintiff files that claim with the clerk (Rule 7.01(1)).

Is it a Small Claims Court claim or a Superior Court claim?

The court matters because the deadlines and forms differ.

The Courts of Justice Act (s. 23(1)(a)) gives the Small Claims Court power over money claims that do not exceed a "prescribed amount," not counting interest and costs. The dollar figure lives in a regulation. The Government of Ontario's Small Claims Court page states that, effective October 1, 2025, the limit rose from $35,000 to $50,000. That figure is accurate as of the date of this article; confirm the current amount before relying on it.

Section 23(1.1) adds that an action within that power generally cannot be started in the Superior Court without that court's leave.

How service works: when are you "served"?

"Service" is the formal delivery of the document. Rule 16.01(1) says a statement of claim must be served personally, or by one of the permitted alternatives to personal service. The date of service matters because most deadlines count from it.

If someone was never formally served but files a defence, a notice of intent to defend or a notice of appearance anyway, the Rules treat the date of that filing as the date of service (Rule 16.01(2)).

A plaintiff generally has six months after the claim is issued to serve it (Rule 14.08(1); Rule 8.01(2) in Small Claims Court), so a document can arrive well after the date printed on it. Whether service was done properly is a question a lawyer can examine.

How long do you have to respond to a statement of claim in Ontario?

For an action in the Superior Court, Rule 18.01 sets the time to deliver a statement of defence (Form 18A) according to where the defendant is served:

In the Small Claims Court, Rule 9.01 provides one period: a defendant who wishes to dispute the claim has 20 days from being served to prepare a defence (Form 9A), give a copy to every other party, and file it with the clerk along with proof that the copies were served.

Days are counted by leaving out the day of service and including the last day. When the final day lands on a holiday, the period carries over to the following non-holiday (Rule 3.01(1)). For example, a person served in Ontario on March 1 counts 20 days beginning March 2. The exact deadline in any real case depends on the facts and should be confirmed with a lawyer immediately.

What does a notice of intent to defend do?

The Superior Court Rules include a short form, Form 18B, called a notice of intent to defend. Under Rule 18.02(1), a defendant who has been served and intends to defend may deliver one within the same time that applies to the statement of defence. A defendant who does so in time gets ten extra days, on top of the Rule 18.01 period, to deliver the statement of defence (Rule 18.02(2)).

It does not answer the plaintiff's allegations. It buys a short amount of time, and the claim is not defended until a statement of defence follows.

What is a statement of defence?

A statement of defence is the defendant's formal written answer to the claim. In the Superior Court it is delivered on Form 18A (Rule 18.01). In the Small Claims Court, the defence explains why the claim is disputed, using plain, brief wording and enough detail to be understood (Rule 9.02(1)).

What happens if the deadline passes with no defence?

If no statement of defence is delivered in time, the plaintiff may file proof of service and ask the registrar to record the defendant as "in default" (Rule 19.01(1)). In Small Claims Court, the clerk may make that entry once the plaintiff files a request and proof that the claim was served within the court's territorial division, subject to the exceptions in that rule (Rule 11.01(1)).

A defendant who is noted in default is deemed to admit the truth of the factual allegations in the statement of claim (Rule 19.02(1)(a)). They also cannot deliver a defence or take other steps in the action, apart from a motion to set the default aside, without the court's leave or the plaintiff's consent (Rule 19.02(1)(b)).

The Rules do leave a window: a defence can still be delivered up until the default is actually recorded (Rule 19.01(5)). The court also has power to cancel the noting of default, on conditions it considers fair (Rule 19.03(1)). Both depend on the circumstances. For the next stage, including default judgment, see our guide to default judgment in Ontario and how it is set aside.

In Superior Court actions, the court can also extend or shorten a time limit on terms it considers just (Rule 3.02(1) of the Rules of Civil Procedure). Whether that is available is the court's decision.

What usually happens first after you are served with a statement of claim in Ontario?

People in this position typically take a few practical steps while they sort out their options:

1. Reading the whole document, noting the court, the names of the parties, the amount claimed and what the plaintiff alleges.
2. Recording the date and manner of service: who handed over the papers, when and how.
3. Keeping everything, including the envelope and any cover letter.
4. Checking whether insurance might respond. Some claims may be covered by a policy; see our guide on being sued when you have insurance.
5. Working out the deadline and having a lawyer confirm it.

When it is worth talking to a lawyer

A lawyer's advice is typically most useful when:

• a deadline in the Rules is running or its start date is unclear;
• you are unsure which court or form is involved;
• the amount claimed is large, or the claim asks for something other than money;
• the claim may be covered by an insurer;
• you were served outside Ontario or were never handed the papers;
• you believe the facts in the claim are wrong, or that someone else is responsible.

What to gather

A lawyer will usually ask to see:

• the statement of claim or plaintiff's claim, with every page and attachment;
• the envelope and a note of when, where and how you received it;
• contracts, invoices, receipts, emails or messages connected to the dispute;
• any insurance policies that might apply;
• earlier demand letters or settlement offers.