As of May 2026, if a defendant in Vaughan fails to file a Statement of Defence within the mandatory 20-day limit, you can request a Default Judgment. By filing the required paperwork at the local Ontario courthouse, which costs around $89 to $127 CAD in filing fees, a judge or clerk can legally order the defendant to pay your claim without needing a full trial.
Filing a lawsuit is a bold step, but it can be incredibly confusing when the person or business you are suing completely ignores the paperwork. Many Vaughan residents mistakenly believe that if the defendant does not show up or write back, the lawsuit is simply stuck in limbo. However, knowing how to request a Default Judgment if the defendant doesn’t respond in Vaughan is the ultimate legal mechanism to win your case by default. 📍
In the Ontario civil justice system, defendants do not have the luxury of ignoring a lawsuit and hoping it goes away. If they are properly served with a Statement of Claim (or a Plaintiff’s Claim in Small Claims Court) and they fail to file their official defence in time, they are legally deemed to have admitted to all your allegations. This allows you to ask the court to immediately issue a legally binding judgment in your favour. 💵
Step-by-Step Process for Securing a Default Judgment
Whether your case is at the Richmond Hill Small Claims Court or the Superior Court of Justice in Newmarket, the administrative steps for securing a default judgment are highly strict. Any mistake in your paperwork will cause the court clerk to reject your application entirely. 👤
Step 1: Wait the Mandatory Time Limit
Before you can do anything, you must wait the legally required response period. In Ontario, a defendant served within the province has exactly 20 days to file their Statement of Defence. If they were served in another province or in the United States, they get 40 days. If you try to file default paperwork even one day early, it will be rejected. ⏱️
Step 2: Note the Defendant in Default
On day 21, if no defence has been filed, your civil litigation lawyer will immediately file a “Requisition to Note in Default” along with your sworn Affidavit of Service. This is a crucial administrative step. Once the court registrar officially “notes them in default,” the defendant is blocked from filing a defence or participating in the lawsuit without begging a judge for special permission. 🔒
Step 3: File for Default Judgment
After they are noted in default, your lawyer will formally apply for the judgment. If your lawsuit is for a specific, mathematically certain amount (like an unpaid $15,000 corporate invoice), the court clerk can often sign the judgment right at the counter. If your claim is for unliquidated damages (like pain and suffering or complex contract damages), your lawyer must present the evidence to a judge at an “assessment hearing” to determine the final dollar amount. 🔍
Step 4: Enforcing the Judgment
Once the Default Judgment is signed and stamped, you legally “won.” However, the court does not collect the money for you. Your law firm must take enforcement steps, such as garnishing the defendant’s bank accounts or placing a legal writ (lien) on their real estate properties in York Region. 📝
How Much Does it Cost in Ontario?
Securing a default judgment is vastly cheaper than running a full multi-day trial. You avoid expensive expert witnesses and prolonged mediation fees. However, you must still pay the mandatory court filing fees. Here are the typical costs in Canadian dollars (CAD): 💲
| Expense | Estimated Cost (CAD) |
|---|---|
| Small Claims Default Filing Fee | $89 |
| Superior Court Default Filing Fee | $127 |
| Lawyer / Paralegal Drafting Fees | $500 – $1,500+ |
| Enforcement Fees (Garnishment, etc.) | $150 – $400+ per enforcement step |
How Long Does the Process Take?
While the initial 20-day waiting period is relatively short, getting the actual judgment signed by the court can require some patience. If the clerk can sign your judgment for a fixed debt, the paperwork usually processes in about 2 to 4 weeks. 📅
However, if your claim requires an assessment hearing in front of a Superior Court judge in Newmarket, scheduling that brief hearing can easily take 3 to 6 months due to the heavy volume of cases currently backlogging the Ontario judicial system. ⏳️
Frequently Asked Questions (FAQ)
Can a defendant cancel or reverse a Default Judgment?
Yes, it is possible. A defendant can hire a lawyer to bring a “Motion to Set Aside the Default Judgment.” They must prove to a judge that they had a valid reason for missing the deadline (like being in the hospital or never actually receiving the documents) and that they have a strong legal defence against your claim.
What happens if the defendant files a defence on day 22?
If you have not already rushed to the courthouse to officially “Note them in Default” on day 21, the court registrar will simply accept their late Statement of Defence on day 22, and your lawsuit will proceed normally. This is why acting immediately on day 21 is absolutely critical.
Do I have to go to court for a default judgment?
If your claim is for a liquidated amount (a clear, undisputed debt based on a contract), you generally do not need to attend court; it is an administrative paperwork process. You only need to attend court if a judge requires an “assessment hearing” to decide how much your unliquidated damages are worth.
How long is the Default Judgment valid for in Ontario?
Once a Default Judgment is granted, it is legally valid for an extended period. In Ontario, you generally have up to 20 years to enforce the judgment and collect your money through garnishments and property liens, giving you plenty of time if the defendant is currently broke.
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