In Ontario, if a defendant ignores your Plaintiff’s Claim and fails to file a Defence within 20 days, you can apply for a Default Judgment at the London courthouse. Filing a Request to Clerk to note them in default allows you to win your case automatically, and the default judgment filing fee is $94 CAD for infrequent claimants.
Suing someone in the Ontario Small Claims Court or the Superior Court of Justice can be a stressful and lengthy experience. But what happens if the person you are suing simply ignores your paperwork? In London, Ontario, ignoring a civil claim does not make it go away; it actually hands the plaintiff a clear path to victory.
Whether you are dealing with an unpaid invoice in Middlesex County or a breach of contract with a local contractor, the provincial rules of civil procedure are strict. If the defendant fails to respond, you can secure a legally binding judgment without ever having to argue your case in front of a judge. This guide explains how to secure what is known as a default judgment.
Step-by-Step Process in London
Winning by default is not automatic; you must actively apply for it. Most applicants in this province follow a specific sequence of filing forms to ensure the court grants their request. 📋
Step 1: Wait the Mandatory 20 Days
After you serve the Plaintiff’s Claim (Form 7A), the clock starts immediately. The defendant has exactly 20 calendar days to file a Defence (Form 9A). You must wait for this period to expire entirely before taking any further legal action.
Step 2: File the Affidavit of Service
You cannot proceed until the court knows the defendant actually received the paperwork. You must file an Affidavit of Service (Form 8A) sworn before a Commissioner for Taking Affidavits. This document proves to the court exactly when, where, and how the documents were delivered. If you skip this, the clerk will reject your request.
Step 3: Note the Defendant in Default
Once the 20 days have passed and you have filed your proof of service, you can submit a Request to Clerk (Form 9B) to the court at 80 Dundas Street. This officially “notes the defendant in default,” meaning they are legally barred from filing a defence or participating in the case without a judge’s special permission.
Step 4: Apply for Default Judgment
If your claim is for a fixed amount of money, like an unpaid loan (liquidated damages), you can file a Default Judgment (Form 11B), and the court clerk will sign it immediately. If your claim is for property damage or personal injury (unliquidated damages), you must request an Assessment Hearing where a judge will determine the exact amount you are owed based on your evidence. ⚖️
Liquidated vs. Unliquidated Claims
Understanding what type of claim you have determines how fast you get your judgment. Here is a comparison:
| Feature | Liquidated Claim | Unliquidated Claim |
|---|---|---|
| Examples | Unpaid invoices, bounced cheques, fixed loans | Personal injury, defamation, property damage |
| Approval Process | The court clerk signs Form 11B immediately | Requires an Assessment Hearing with a judge |
| Proof Required | Signed contracts, clear financial ledgers | Estimates, medical reports, expert testimony |
How Much Does it Cost in London?
Pursuing a default judgment involves specific provincial court fees and potential legal costs in Canadian dollars (CAD):
- Default Judgment Filing Fee: The fee to file a request for default judgment (Form 11B) at the Small Claims Court is $94 CAD for infrequent claimants.
- Assessment Hearing Fee: If you need a judge to assess damages, scheduling the hearing costs $308 CAD for infrequent claimants.
- Paralegal Fees: If you hire a licensed paralegal or law firm in London to draft the default paperwork, expect to pay between $300 and $800 CAD.
- Enforcement Costs: Once you win, enforcing the judgment (like garnishing wages) costs roughly $144 CAD in filing fees for the Notice of Garnishment.
How Long Does the Process Take?
The process of winning by default is much faster than going to a full trial. You must wait the initial 20 days. After filing your Request to Clerk and Form 11B via the Ontario Justice Services Online portal, it typically takes the staff at the London courthouse 2 to 4 weeks to review and sign the Default Judgment. If an Assessment Hearing is required, you may wait 2 to 3 months for an available date before a judge. ⌛
Frequently Asked Questions (FAQ)
Can the defendant reverse a default judgment?
Yes. A defendant can file a Motion to Set Aside the Default Judgment. They must prove to the court that they had a valid reason for ignoring the claim (like being hospitalized) and that they actually have a genuine defence to present.
What happens if the 20th day falls on a weekend?
If the 20-day deadline lands on a Saturday, Sunday, or statutory holiday in Ontario, the deadline automatically extends to the end of the very next business day.
Do I still have to collect the money myself?
Yes. The court grants the legal judgment, but they do not collect the funds for you. You must actively use enforcement methods like a writ of seizure and sale or wage garnishment to get paid.
Does a default judgment expire?
In Ontario, civil judgments are generally valid for life, but you must renew your enforcement methods (like a writ of seizure) every few years to keep actively collecting the money.
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