A judgment by default is a common occurrence in Ontario’s Small Claims Court and can catch people off guard if they are not familiar with the legal process. This term refers to a legal decision made in favour of the plaintiff when the defendant fails to file a defence within the time frame required by law. In Small Claims Court, the defendant is expected to respond within 20 days of receiving notice of the claim. If no defence is filed within that time, the plaintiff can request a judgment by default, resulting in an automatic win for the plaintiff.

Understanding what a judgment by default entails is critical if you find yourself in this situation. It doesn’t mean you’re out of options, but you need to act quickly to correct the situation. The courts do allow you to challenge the default judgment, but there are specific steps you must follow, and it’s important to be aware of how to navigate this legal procedure to ensure your rights are protected.

What is a Judgment by Default?

In Ontario’s Small Claims Court, a judgment by default is a court ruling made when the defendant fails to file a response to the plaintiff’s claim within the designated period. Small Claims Court is designed to resolve disputes efficiently, but the process still demands that all parties involved follow the proper procedures. If you receive a claim and do not respond within the allotted 20 days, the plaintiff has the right to ask the court for a judgment by default, effectively ending the case in their favour without any defence being considered.

A judgment by default can happen for a number of reasons. Sometimes, defendants overlook the deadline due to a lack of understanding of the legal process, while in other cases, they may not have received the necessary documents. Regardless of the reason, this legal outcome can be frustrating, but it’s important to know that you can take action to have it set aside and continue the case.

How to Set Aside a Judgment by Default

If you have been served with a judgment by default, it’s important to act quickly. Ontario law allows you to request that the court set aside the default judgment if you can show a valid reason. The process for setting aside a judgment by default involves filing a motion with the court. This motion, known as a “Motion to Set Aside Default Judgment,” must be filed promptly after you become aware of the default judgment. Timing is crucial in these situations, as delays can reduce your chances of success.

In order to successfully have a judgment by default set aside, you will need to follow a series of steps:

File a Motion: You must submit a formal request to the court, outlining your reasons for missing the original deadline and explaining why you believe the judgment should be reconsidered.

Prepare an Affidavit: Your affidavit is a sworn statement that provides the court with information about why you did not respond in time and why your defence has merit. This document is critical in convincing the court to set aside the default judgment.

Serve the Plaintiff: The plaintiff must be notified of your motion to set aside the judgment by default, and they have the right to oppose your motion.

Attend the Motion Hearing: Both parties will present their arguments at the hearing, and the judge will decide whether the judgment by default should be set aside and whether the case should proceed.

Reasons for Setting Aside a Judgment by Default

Courts in Ontario are typically willing to set aside a judgment by default if the defendant can provide a reasonable explanation for failing to meet the original deadline. Common reasons include not receiving the claim or being unable to respond due to personal emergencies. Additionally, the court will consider whether the defendant has a valid defence that could potentially alter the outcome of the case. If your defence is strong and could present a legitimate counter to the plaintiff’s claim, the court is more likely to set aside the judgment by default.

Filing the motion in a timely manner is also critical. The longer you wait to file your motion after discovering the judgment by default, the less likely the court is to grant your request. Taking quick action demonstrates to the court that you are serious about resolving the issue and defending your case.

What Happens if a Judgment by Default is Set Aside?

If the court decides to set aside the judgment by default, the legal process essentially restarts. The defendant is given the opportunity to file their defence, and the case will proceed through Ontario’s Small Claims Court as though the default judgment had never been issued. This is your chance to present your side of the story and challenge the plaintiff’s claims. It’s important to have all your paperwork in order and to understand the procedures to avoid falling behind again.

However, dealing with a judgment by default and navigating the legal process can be challenging without proper legal knowledge. Small Claims Court may be intended to simplify legal disputes, but the rules and procedures must still be followed with precision. Failure to properly file documents or follow the right steps could result in further delays or even the loss of your case.

Need Help with a Judgment by Default? Contact Us Today!

If you’ve been issued a judgment by default in Ontario’s Small Claims Court, you don’t have to handle it alone. At MTS Paralegal Services, Tim specializes in assisting clients with setting aside default judgments and navigating the Small Claims Court process. Tim can help you file the necessary motions, prepare your defence, and ensure that your rights are protected throughout the process.

Don’t let a judgment by default prevent you from having your side heard. Reach out to Tim at MTS Paralegal Services today for expert legal advice and assistance. Tim will guide you through the process and ensure that you take the right steps to get your case back on track.