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Understanding the Notice of Intent to Defend and Waivers in Legal Proceedings

  • Writer: Kristy Mclaren
    Kristy Mclaren
  • 6 days ago
  • 2 min read

Hi Everyone, it's Kristy from Clearly Legal.


Let's Chat the Notice of Intent to Defend and the Waiver.


When you receive a Statement of Claim, knowing how to respond quickly and correctly can save you time, money, and stress. Two important tools in this process are the Notice of Intent to Defend (NOITD) and waivers. These may seem similar, identical really, but they are distinct and different.


What is a Notice of Intent to Defend?


A Notice of Intent to Defend, often called NOITD, is a formal legal document you serve and file after being served with a Statement of Claim. It tells the court and the plaintiff that you, or your lawyer, plan to defend against the Claim. Filing a NOITD is important because:


  • It extends your time to file your Statement of Defence by 10 days.

  • It puts you on the court record as a defendant actively responding to the claim.

  • It means the Plaintiff has to hold a bit on obtaining default judgment if you miss the original deadline (a NOITD does not protect you from default judgment indefinitely).


The NOITD is prescribed by court rules, and has its own prescribed form.


What is a Waiver?


A waiver is different from a NOITD. It is an agreement, usually informal, where the plaintiff or their lawyer agrees to give you more time to file your Statement of Defence. This extra time is a courtesy and not required by court rules.


Key points about waivers:


  • They are not prescribed by law but are common practice.

  • They show cooperation between parties.

  • They give you additional time beyond the original deadline without filing a NOITD.

  • They do not automatically put you on the court record like a NOITD does.


Remember, the Waiver, while common, does not have a prescribed form.


How Experience Makes a Difference


Having worked with NOITDs and waivers since 2003 on both sides of legal proceedings, I know how these tools can help you manage your case efficiently. Lawyers, if you want to learn how my clerking skills can save you time and money in your legal matters, contact me at kristy@clearlylegal.ca  and we'll chat.


Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal


 
 
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