Affidavit of Service (Notice of Intent to Defend) (Sample) (ON)

Summary

This precedent is a sample Affidavit of Service for a Notice of Intent to Defend in Ontario. This precedent includes practical guidance and drafting notes. A Notice of Intent to Defend in Ontario can be served and filed in place of a Statement of Defence in order to extend the time permitted for a Defendant to serve and file a Statement of Defence. Whereas the Statement of Defence must be delivered within 20 days of the Statement of Claim being served in Ontario, serving a Notice of Intent to Defend will provide the Defendant with an additional 10 days to prepare and deliver a Statement of Defence (Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 18.02). This procedural step is commonly used where counsel requires additional time to investigate the claim, obtain instructions, assess possible defences, and prepare a responding pleading while avoiding default proceedings. For more information on the notice of intent to defend and other pleadings, see the practice note: Claims, ...