Get Canada Form 76a 2017-2025

You must serve either your Statement of Defence or your Notice of Intent to Defend within: 20 days if you were served with the claim in Ontario. 40 days if you were served with the claim elsewhere in Canada or the USA. 60 days if you were served with the claim outside of Canada or the USA.

The simplified procedure is a streamlined and less costly process for resolving certain civil cases in the Superior Court of Justice. The simplified procedure is set out in Rule 76 of the Rules of Civil Procedure .

The provisions concerning the written statement are contained in Order VIII of the Code of Civil Procedure. The matter in the written statement must be stated concisely. It must only contain the facts on which the defendant relies for his defence and not the evidence to prove such facts.

You must serve either your Statement of Defence or your Notice of Intent to Defend within: 20 days if you were served with the claim in Ontario. 40 days if you were served with the claim elsewhere in Canada or the USA. 60 days if you were served with the claim outside of Canada or the USA.

A defendant must then serve and file its Statement of Defence within 20 days of being served with the Statement of Claim. Thereafter, the plaintiff may then serve a Reply on the defendant within 10 days, which addresses any additional issues raised in the Statement of Defence.

Today, mandatory mediation applies to certain civil actions under rule 24.1 of the Rules of Civil Procedure and to contested estates, trusts and substitute decision matters under rule 75.1 of the Rules of Civil Procedure.

Currently, claims of up to $100,000 can be started in the Superior Court of Justice using the Simplified Procedure process. Starting January 1, 2020, the government has increased the monetary jurisdiction to $200,000, thus allowing considerable more cases to proceed by way of Simplified Procedure.

Rule 76 of the Rules of Civil Procedure allow the parties to proceed with a special process called Simplified Procedure. The purpose of Simplified Procedure is to reduce the cost of litigating claims of relatively modest amounts.

File both the original defence (with any supporting documents and affidavit(s) of service) and a copy for yourself and each defendant, with the court in person or by mail, or file the defence and documents online using the Small Claims Court Submissions Online portal at .ontario.ca/page/file-small-claims-online .