Served with a lawsuit in Ontario: how many days do you have to respond?

Usually 20 days. In Small Claims Court, a defendant must serve and file a Defence within 20 days of being served with the Plaintiff's Claim (Rules of the Small Claims Court, r. 9.01). In the Superior Court of Justice, a statement of defence is due within 20 days if you were served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served anywhere else (Rules of Civil Procedure, r. 18.01).

The deadline matters because missing it lets the plaintiff ask to have you "noted in default". Once that happens, you lose the right to defend unless the plaintiff consents or the court sets the default aside. This page explains how the clock runs in each court, how to buy time properly, and what the first week should look like. For the bigger picture of how a lawsuit moves through the Ontario courts, see our civil litigation guide.

Which court are you in?

Look at the top of the first page. A Small Claims case starts with a Plaintiff's Claim (Form 7A) and the court name "Small Claims Court". A Superior Court case starts with a Statement of Claim (Form 14A or 14B) or a Notice of Action, under the Rules of Civil Procedure. Small Claims Court hears claims for money or the return of personal property of up to $50,000 (O. Reg. 626/00, s. 1); larger claims go to the Superior Court. Our page on the $50,000 Small Claims limit explains the change that took effect on October 1, 2025.

How is the 20 days counted?

In both courts, you exclude the first day and include the last. If the last day falls on a holiday, the deadline moves to the next day that is not a holiday (Small Claims r. 3.01; Civil Procedure r. 3.01(1)). The start date is the day you were served, and that depends on how service was made:

• Personal service (the claim handed to you): served that day.
• Left at your home with an adult household member, plus a copy mailed or couriered: in Small Claims Court, effective on the fifth day after mailing or verified courier delivery (Small Claims r. 8.03(2), (4)).
• Registered mail or courier to your residence with a signature: in Small Claims Court, effective on the date the receipt is verified by signature (r. 8.03(7), (8)).

If you are unsure when service counted, assume the earliest date and act on it. A claim must itself be served within six months after it is issued, unless the court extends that time (Small Claims r. 8.01(2)); the Ministry's Simplified Procedure guide says the same six months applies to Superior Court claims.

How does responding work, step by step?

In Small Claims Court

1. Read the claim and the documents attached to it.
2. Complete a Defence (Form 9A). It must give your reasons for disputing the claim in concise, non-technical language with a reasonable amount of detail, and attach any document your defence relies on (r. 9.02).
3. If you admit part or all of the claim but need time to pay, the Defence can propose terms of payment (r. 9.03).
4. Serve the Defence on every party and complete an Affidavit of Service (Form 8A) for each.
5. File the Defence and affidavits within the 20 days. A filing fee applies; if you cannot afford it, Ontario has a fee waiver process.
6. If you have a claim of your own against the plaintiff or someone else, file a Defendant's Claim (Form 10A).

In Toronto, Small Claims cases are run from the courthouse at 47 Sheppard Avenue East. Since October 14, 2025, Toronto Small Claims filings go through the Ontario Courts Public Portal, according to the Superior Court.

In the Superior Court of Justice

1. Diarize the 20, 40 or 60-day deadline.
2. If you need time, deliver a Notice of Intent to Defend (Form 18B) within that deadline; it adds 10 days (r. 18.02).
3. Prepare the Statement of Defence (Form 18A), serve it on every party and file it with proof of service.
4. If the claim is for $200,000 or less in money or property, it may be proceeding under Simplified Procedure; see how Simplified Procedure works.

Toronto's Superior Court civil courthouse is at 393 University Avenue. Most civil actions in Toronto must also go to mandatory mediation under Rule 24.1, which the Ministry says must take place within 180 days after the first defence is filed unless the court orders otherwise or the parties agree.

What changes the answer?

• Agreement with the plaintiff. Time to serve or file a document can be extended by filing the parties' consent (Small Claims r. 3.02(2); Civil Procedure r. 3.02(4)). Get it in writing and file it; a phone call is not enough.
• A court order. The court can lengthen time on just terms, and in the Superior Court a motion to extend can be made before or after the deadline (Civil Procedure r. 3.02(1), (2); Small Claims r. 3.02(1)).
• A person under disability. A minor or a person who is mentally incapable cannot be noted in default without leave of the court (Small Claims r. 11.01(2); Civil Procedure r. 19.01(4)).
• Service outside the court's area. In Small Claims Court, if every defendant was served outside the court's territorial division, the clerk cannot note default until the plaintiff proves the case was properly brought there (r. 11.01(3)).
• The Superior Court and the Small Claims limit. Since July 1, 2024, an action within the Small Claims Court's jurisdiction cannot be started in the Superior Court without that court's leave (Courts of Justice Act s. 23(1.1)). If you have been sued in the Superior Court for a smaller amount, ask whether that rule was followed.

What happens if you miss the deadline?

The plaintiff can ask the clerk or registrar to note you in default (Small Claims r. 11.01; Civil Procedure r. 19.01(1)). In the Superior Court, a defendant noted in default is deemed to admit the truth of every allegation of fact in the statement of claim (r. 19.02(1)(a)). In both courts, a defendant noted in default cannot file a defence or take any other step without the plaintiff's consent or the court's leave, other than a motion to set the default aside, and is not entitled to notice of most later steps (Small Claims r. 11.05; Civil Procedure r. 19.02). For a debt or other fixed amount, the clerk can then sign default judgment (Small Claims r. 11.02; Civil Procedure r. 19.04). Default judgment can lead to garnishment of wages or bank accounts; see how much of your wages can be garnished.

Default can be undone, but it takes a motion and an explanation. Our page on setting aside a default judgment explains the test.

For example: a contractor's claim served at home

This is a hypothetical, not a real client or a result. A homeowner in Thornhill finds a Plaintiff's Claim from a renovation company left with her adult son at the front door on a Monday, and a copy arrives by mail the same day. Under Small Claims rule 8.03(4), service is effective on the fifth day after mailing, so the 20 days run from that Saturday, excluding the first day.

She thinks the work was defective and that she already paid more than the company claims. She gathers the contract, her bank records and photographs. Several of her text messages with the contractor are in Farsi. Because documents filed in Ontario courts must be in English or accompanied by a translation certified by the translator's affidavit (Courts of Justice Act s. 125(2)(b)), she arranges certified translations. Her Defence explains each point in plain language and attaches the documents, and she adds a Defendant's Claim for the cost of fixing the work. She serves and files everything before the deadline. The court will then schedule a settlement conference.

What mistakes do people make?

1. Calling the plaintiff instead of filing. Negotiation is fine, but it does not stop the clock. File, or get a written consent to extend and file it.
2. Counting from the wrong day. Count from the date service took effect, excluding that day (r. 3.01).
3. Filing without serving. In Small Claims Court you must serve every other party and file proof of service (r. 9.01).
4. A bare denial. A Small Claims Defence must give reasons with a reasonable amount of detail (r. 9.02).
5. Leaving out the documents. If your defence relies on a document, attach it or say why it is unavailable (r. 9.02(1)2).
6. Ignoring a claim you think is wrong. The court treats silence as agreement and may continue without you, according to the Ministry's guide for people being sued.

What can you do this week?

1. Write down the date and method of service, and calculate the deadline.
2. Identify the court from the form and the court file number.
3. Gather contracts, invoices, receipts, emails, text messages and photographs.
4. Arrange certified English translations of any documents in Farsi or another language (Courts of Justice Act s. 125).
5. Decide whether you dispute all of the claim, part of it, or only the payment terms.
6. Check whether you have a claim of your own against the plaintiff or another person.
7. Get advice before the deadline, not after it. Our pages on contract disputes and debt claims explain common defences.

Frequently asked questions

Can I file my defence after 20 days?

Yes, if you have not yet been noted in default (Civil Procedure r. 19.01(5); the Ministry's Small Claims guide). Once you are noted in default, you need the plaintiff's consent or a court order.

Do I need a lawyer to file a Small Claims Defence?

No. The Ministry says you do not need a lawyer or paralegal to respond, though you may consult one. The Small Claims Court page explains when representation tends to help.

Does a Notice of Intent to Defend exist in Small Claims Court?

No. Form 18B is a Superior Court procedure under rule 18.02. In Small Claims Court, the Defence itself must be filed within 20 days, unless time is extended by consent or order.

Can I have an interpreter at the hearing?

Ontario provides interpretation in any language in civil and Small Claims matters if the party qualifies for a fee waiver, in French in all civil matters, and in any language when the court orders it.

What if I was served at an old address?

If you learn of the claim late and have been noted in default, move quickly: the court looks at whether you have a meritorious defence, a reasonable explanation and whether you acted as soon as reasonably possible (Small Claims r. 11.06).

What if I agree I owe the money?

In Small Claims Court, you can admit liability and propose payment terms in your Defence. If the plaintiff does not dispute your proposal within 20 days, you pay as if it were a court order (r. 9.03(2)).

Will the case go to trial right away?

No. In a defended Small Claims action, a settlement conference must be held, within 90 days after the first defence is filed (r. 13.01). In the Superior Court, the case moves through documents, discovery and, in Toronto, mandatory mediation first.

Getting help

Gambriani Law PC handles civil disputes in Ontario courts, in English and Farsi, from Suite 1901, 5000 Yonge Street in North York, near the Toronto Small Claims Court on Sheppard Avenue East. If you have just been served, the most useful thing to bring to a first meeting is the claim itself, the date it reached you and every document about the dispute.

This page is general information about Ontario law, not legal advice about your situation.