1. Find out exactly what has happened
Ask the court office for the relevant file information and copies of the noting in default, judgment and enforcement documents. Save the claim, service evidence and the date you learned of each step. A missed deadline, noting in default and a signed judgment are different situations.
If no default step prevents filing, act immediately to serve and file a proper defence. If you have been noted in default, you generally cannot simply file a defence and carry on without the required consent or court permission.
Official reference: Ontario: replying to a claim
2. Consider consent or a motion
Ask whether the plaintiff will consent to setting aside the appropriate default steps and allowing a defence. The Rules provide a Request for Clerk’s Order on Consent, Form 11.2A, for specified relief. Ensure the signed request addresses the actual orders and next deadlines; a friendly email may not change the court record.
If consent is unavailable, consider a motion using Form 15A. Rule 11.06 governs relief from default. Address a potentially meritorious defence, a reasonable explanation for the default and acting as soon as reasonably possible. The judge decides whether the test is met; relief is not guaranteed.
Official reference: Court: default proceedings
3. Prepare facts, documents and the order requested
Set out a dated account of receiving the claim, what prevented a timely response, when you discovered default and what you did next. Include relevant records rather than general statements that you were busy or did not understand. Explain the proposed defence and attach a draft or supporting material where appropriate.
Identify separately whether you seek to set aside the noting in default, judgment or outstanding enforcement steps, and permission to file a defence by a stated date. Completed enforcement can raise additional issues. If wages or an account are affected, ask for advice about urgent relief or a stay; filing a motion alone is not a safe assumption that collection has stopped.
Official reference: Ontario: motions and clerk’s orders
4. Follow the order and distinguish other remedies
Serve and file the motion and supporting material using the applicable notice periods, pay the fee or seek a waiver, and attend the hearing. If the court grants relief, comply with every condition, including costs and defence deadlines. Keep the entered order and deliver it as required.
Default relief before trial is different from setting aside a judgment after missing the trial. The latter generally has a 30-day period after learning of the judgment, subject to extension. New trials and appeals have their own grounds and deadlines. Do not apply one blanket 30-day rule to every situation.
Official reference: Ontario: getting ready for court
Your next-step checklist
Use this list as you work. Check marks apply to this visit only.
Sources for this guide
Where to go next
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General information for Ontario, not advice about your case. Legislation, court orders and current court directions govern. Get help with your situation.