What is a Statement of Defence and why is it urgent to file after receiving a Statement of Claim?

What is a Statement of Defence and why is it urgent to file after receiving a Statement of Claim?

When a case has commenced, the defending party will receive a Statement of Claim from the plaintiff which outlines why they have filed a claim against the defendant. In response to the Statement of Claim, the defendant will issue a Statement of Defence.

A Statement of Defence will provide the defendant’s response as to why aspects of the claim, or the claim in its entirety, are false. If the defendant chooses to ignore the claim and fails to file a Statement of Defence in response, they are accepting the allegations by default. In this case, the defendant would be conceding to the accusations and damages outlined by the plaintiff.

To avoid a decision by default, the defendant must respond with a Statement of Defence within twenty days after the Statement of Claim has been filed. Although, it is possible for the defendant to extend the due date. If they seek legal advice, the lawyer will write a letter of intent to the opposing counsel stating they are in the process of crafting the Statement of Defence and ask for any desired extension if needed. Writing a letter of intent is beneficial because it informs the plaintiff and their counsel that you have received the claim and are working on a defence.

What should be included in a Statement of Defence?

When responding to a Statement of Claim, acquiring a lawyer to draft the Statement of Defence is advised. KCY at LAW will help write a Statement of Defence that best supports the defendant’s position. When a lawyer is made aware of all the relevant facts from the defendant, they will inform their client on the best possible defence and mitigate any risks that could arise. Once the Statement of Claim is developed, KCY at LAW will handle all legal correspondence, drafting, negotiating, or arguing that will be required.

As the defendant prepares to provide their evidence and perspective to KCY at LAW, it may be helpful to understand what information will be included and omitted in the Statement of Defence.

KCY at LAW will prepare a Statement of Defence that will provide information the defendant agrees to, disagrees with, or is unaware of from the plaintiff’s Statement of Claim. The Statement of Defence will provide the defendant’s perspective on the facts outlined by the plaintiff but will not include the defendant’s opinion on the matter. Further, the Statement of Defence will include how the defendant plans to defend their response to the claim. This plan will not involve any superfluous information, evidence, or case law that the defendant will use to support their case in the future.

If you have been served a Statement of Claim and require a lawyer to craft your Statement of Defence, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.