Fix the deadline
We confirm the court, the date and manner of service, and the exact day your defence is due.
Served with a claim in Scarborough? We work out your deadline, draft the defence, and serve and file it in the Toronto court that issued the claim, from our office at 1585 Markham Road.




In the Superior Court of Justice, the defence is due 20 days after service if you were served in Ontario, 40 days if you were served elsewhere in Canada or in the United States, and 60 days if served anywhere else. A notice of intent to defend, delivered within that time, adds 10 days.
In Small Claims Court, the defence is due 20 days after you are served. The Small Claims rules set no longer period for service outside Ontario and have no notice of intent to defend.
Miss the date and the plaintiff can have you noted in default. You are then taken to admit the facts in the claim and cannot take any step except a motion to set the default aside. On a claim for a fixed sum, judgment can follow without a hearing. Until you are noted in default, a Superior Court defence can still be delivered.
Source: Rules of Civil Procedure, rr. 18.01, 18.02, 19.01, 19.02 and 19.04; Rules of the Small Claims Court, rr. 9.01, 11.01, 11.02 and 11.05.
The first page of the claim tells you which court you are in. A plaintiff's claim from the Toronto Small Claims Court, at 47 Sheppard Avenue East, needs a defence within 20 days of service. A statement of claim from the Superior Court of Justice in Toronto needs a statement of defence within 20 days if you were served in Ontario, or you can deliver a notice of intent to defend for 10 more. Many people in the east end are served at home by a process server, sometimes through an adult in the household rather than in person. That can change the date service counts from, so bring the papers and tell us exactly who received them and when. One Toronto detail matters on a tight deadline: the online portal Toronto uses for Small Claims filings will not take a document due in three business days or less, so a late defence has to go to the counter at 47 Sheppard, by mail, or by email.
We confirm the court, the date and manner of service, and the exact day your defence is due.
We report the claim to any insurer that may owe you a defence and preserve the records it turns on.
We admit, deny, or plead no knowledge of each allegation, and add every defence and counterclaim you have.
We serve the plaintiff and file with the court on time, or get a written extension before the date passes.
Gather what you have. A missing document is no reason to wait, least of all with a deadline running.
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In the court office that issued the claim, which is printed on the first page. For most Scarborough defendants that is the Toronto Small Claims Court at 47 Sheppard Avenue East or the Superior Court of Justice in Toronto. Where you live does not move the case.
It depends on how they were served. Leaving papers with an adult at your home is an alternative to personal service, and it usually has to be followed by mailing a copy before service counts as complete. The date can be later than the day the papers arrived. Do not rely on that: bring the papers in early and we will work out the date.