A defendant generally has 20 calendar days to serve and file a defence to a claim.

If defence not filed

If a defendant does not file a defence in time, then the plaintiff may ask the Court to note the defendant in default.

Even if a defendant is noted in default, a case will proceed to settlement conference as long as one defendant has filed a defence.

Noting in default

If you wish to have the Court note a defendant in default, then you need to file a Request to Clerk (Form 9B). You can do this through the Small Claims Court E-Filing Service Portal if you filed your claim there.

Being noted in default has serious consequences. The plaintiff may be entitled to get a judgment against you without your participation. You cannot file a defence or take any other step in the case without the plaintiff’s consent or the Court’s permission.

If you are noted in default, then you may bring a motion to set aside the noting in default, any default judgment against you and any steps taken to enforce those default judgments. You may also seek the plaintiff’s consent to set these things aside, except for any enforcement steps that have been completed.

Default judgment

There are three ways to seek default judgment against a defendant to a plaintiff’s claim:

• Request to Clerk,
• motion in writing for assessment of damages, and
• assessment hearing.

More information about default proceedings is available at these buttons: