Being served with a lawsuit in Ontario can feel stressful, especially if the claim is unexpected, exaggerated, or wrong. But ignoring the claim can create serious procedural and financial consequences.
If you do not defend a lawsuit in Ontario, the plaintiff may ask the court registrar to note you in default. Once that happens, you are generally deemed to admit the truth of the factual allegations in the statement of claim. You will lose the right to deliver a defence or take other steps in the action unless the plaintiff consents or the court gives permission. The plaintiff is then free to seek judgment in default (also known as default judgment).
Asking the court to set aside a noting in default or default judgment is not a mere formality. In this episode, we explore the steps to setting aside a default judgment and what you will need to show a court in order to be successful.