Statement of Defence and Counterclaim (ON)

Summary

This precedent is a standard statement of defence and counterclaim that can be used by a defendant in a civil claim in the Ontario Superior Court of Justice. This precedent includes practical guidance and drafting notes. The Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules") require that a Statement of Defence should follow the format set out by Statement of Defence (Form 18A) (ON). In the statement of defence, the defendant should: • admit every allegation of fact in the statement of claim that the defendant does not dispute (Rules, r. 25.07(1)); • deny every allegation of fact in the statement of claim that the defendant does dispute (Rules, r. 25.07(2)); • plead the defendant's own version of the fact in dispute (Rules, r. 25.07(3)); • plead any matter that the defendant alleges defeats the claim and any matter that might take the plaintiff by surprise (Rules, r. 25.07(4)); and • comply with the rules about pleadings in r. 25.06 of the Rules. When drafting the ...