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Understanding Defence Filing Deadlines in Ontario Litigation

  • Writer: Kristy Mclaren
    Kristy Mclaren
  • Nov 15, 2025
  • 1 min read

Illustration of a legal professional explaining Ontario defence filing deadlines, with bullet-points showing 20-, 40-, and 60-day timelines to serve and file a defence, representing Clearly Legal’s litigation support services.

Hi Everyone, it’s Kristy from Clearly Legal.


Today, let’s walk through one of the most fundamental steps in Ontario civil litigation: Ontario defence filing deadlines- the serving and filing a Statement of Defence.


When a defendant is served with a Statement of Claim, timing immediately becomes critical. Missing a deadline can lead to a default judgment — meaning the plaintiff could win simply because you did not respond in time.


Defence Filing Deadlines Under Rule 18

(Ontario Rules of Civil Procedure)

Location of Defendant

Time to Serve & File Defence

In Ontario

20 days

Outside Ontario (North America)

40 days

Outside North America

60 days

Extending the Deadline

If you need more time, you have options:

  • Serve and file a Notice of Intent to Defend to gain an additional 10 days

  • Request a deadline waiver where appropriate


Why This Matters

A proper defence is more than a reply — it is your strategic response to the claim. It protects your rights, it can set the tone for the litigation, and help to ensures the process moves forward correctly.


With over 21 years of experience preparing defences — from straightforward matters to complex multi-issue litigation — I support lawyers in getting high-quality defence materials out the door accurately and on time.


Let’s Work Together

Lawyers, if you want experienced support that keeps your litigation files moving efficiently and avoids costly delays, reach out.


📩 kristy@clearlylegal.ca - Efficient, knowledgeable defence support — saving you time and money.

 
 
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