The 20-day Small Claims Court Defence deadline

The rule

Rule 9.01 of the Rules of the Small Claims Court requires a defendant to file a Defence within 20 days after being served with the Plaintiff's Claim. After that period the plaintiff may ask the clerk to note the defendant in default under Rule 11. Being noted in default is a procedural step - it is not the same as default judgment, which is a separate step and is not automatic.

How Rule 3.01 counts the days

Rule 3.01 sets the standard method for computing time under the Rules. The day of the event (here, service of the claim) is excluded. Each intervening day is counted. The last day of the period is included. If the last day falls on a holiday, the period is extended to the next day that is not a holiday.

What counts as a "holiday"

Rule 1.02 defines "holiday" for the purpose of the Rules. It includes Saturdays and Sundays, statutory holidays (New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day), and any special day proclaimed a holiday. Where a named holiday falls on a Saturday or Sunday, the following Monday (and, where needed, Tuesday) is also treated as a holiday under the Rules.

Service methods matter

The 20-day clock runs from the date of service. Different service methods (personal service on an individual, service at a corporation's registered office, alternative service by order, and out-of-province service) can change when service is effective and, in some cases, the applicable period. Confirm the effective date of service on the Affidavit of Service before counting.

Late Defences and being noted in default

If the 20-day period passes without a Defence, the plaintiff may ask the clerk to note the defendant in default. Once a defendant has been noted in default, Rule 11.05 provides that the defendant may not file a Defence or take any other step in the proceeding, except a motion under Rule 11.06 to set aside the noting in default, without leave of the court or the plaintiff's consent. Where the defendant has not yet been noted in default, filing the Defence as soon as possible is usually the first step. If default judgment has already been signed, a motion under Rule 11.06 is required to set it aside.

Specially proclaimed holidays

The calculator does not know about specially proclaimed holidays that may be declared for a single day or region. If you are aware of one that falls within your counting period, enter it manually so the deadline correctly rolls past it.