Superior court claims and defence
If you have been served with a Plaintiff’s Claim, you must respond to it by filing your Defence within 20 days of the date that you received the Plaintiff’s Claim. For instance, if you receive a copy of the Plaintiff’s Claim on July 5th, you would have to file your Defence by July 25th.
If you do not file a Defence, the Plaintiff may seek default judgment. Default judgment is where the Plaintiff asks the court to give a decision in their favour because the Plaintiff has not defended the claim after being served with it.
Therefore, in order to protect yourself, it is very important that you do not miss the deadline to file your Defence.
Our lawyers will discuss your matter with you and determine your best strategy, whether you are the Plaintiff or Defendant.
Small claims court claims and defences
Small Claims Courts in Ontario can help you recover money or property from a Defendant, up to a limit of $35,000. This means that if you want to sue someone for $35,000 or less or to have them return property of yours worth $35,000 or less, the Small Claims Court is the right place for you. Similarly, if someone is suing you in Small Claims Court, you will need to defend the claim or default judgement may be given against you.
A Demand Letter is used by one party to request an action or payment from another party. It is a way for the parties to reach a peaceful resolution before taking the next step and settling the issue in court, and if litigation is contemplated, it will be used in evidence.
A Demand Letter outlines the situation, including why the claim is being made, how the recipient can respond, and a timeline. It also usually includes a warning of legal action if the request is not carried out by the deadline. While you don’t have to provide documentation that supports your request, it helps to increase the likelihood of the recipient performing the action or repaying the debt outlined in the letter.