Once a court action has been commenced, the Rules of Civil Procedure apply. Those Rules provide strict time-lines by which certain steps in the court action must be completed. For example, once served with a statement of claim (originating document that commences a court action), you have 20 days to file and serve a statement of defence. If you fail to do so, the Plaintiff can obtain a noting in default by filing a simple form in Court and then proceed to obtain Default Judgment. That Default Judgment can be set aside but there is a legal test to meet and in most and not all cases, a Justice will set aside the Default Judgment. The cost of bringing a motion seeking to set aside the Default Judgment can range from $2,500 to $15,000, depending on the complexity of the matter. The lesson learned is - once served, retain a lawyer right away to ensure that the necessary time-lines are met. Marc-Nicholas Quinn - Ottawa Injury Lawyer - 613-563-1131.
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