A claim has been issued and served — and now the formal litigation process begins. Here is what happens next in an Ontario lawsuit, from the deadline to defend through discovery, mediation, trial, and enforcement, in both Small Claims Court and the Superior Court.
By Jonathan Kleiman, Barrister & Solicitor · Published June 2026
Whether you have just had a claim issued in your favour, or you have just been served with one, the same question follows: what now? Litigation in Ontario runs on a defined sequence of steps and deadlines. This guide maps that sequence from start to finish, so you know what comes next, when, and why — and where the off-ramps to settlement are along the way.
A quick but important distinction. The document that starts a lawsuit goes by different names depending on the court:
The two courts use different forms and rules, but the overall journey — respond, exchange information, try to settle, and if necessary go to trial — is broadly similar. This guide covers both and flags where they differ. For the Small Claims path specifically, see our step-by-step guide to suing in Small Claims Court.
A claim is "issued" when the court accepts it, assigns a court file number, and seals it. Issuing is not the end of the beginning — the claim then has to be served on each defendant, generally by personal service for an originating document, and within a set time after issuance. Until a defendant has been properly served, the clock for them to respond has not started. Proper service is a technical step, and getting it wrong can stall a case, so plaintiffs often use a professional process server.
Once served, the defendant is on a strict clock. This is the most important deadline in the whole process.
In the Superior Court, a defendant must deliver a Statement of Defence:
A defendant who needs more time can deliver a Notice of Intent to Defend within the first 20 days, which adds another 10 days to the defence deadline. In Small Claims Court, the rule is simpler: a defendant has 20 days after being served to file a Defence to a Plaintiff's Claim.
If you have been served, calculate your deadline immediately and treat it as real. Missing it has serious consequences — see the next step. A defence lawyer can make sure you respond properly and on time.
Silence is not a defence. If the deadline passes with no response, the plaintiff can have the defendant noted in default and then move for default judgment. At that point the defendant generally loses the right to dispute the claim, and the court can grant judgment without a trial. Default judgments can sometimes be set aside, but only on a motion, and there is no guarantee — it is far better never to miss the deadline. For a defendant, this is exactly why a served claim is not something to sit on.
Free 30-minute consultation — act before your deadline.
A defendant who responds files a defence setting out their version of events and any legal defences — for example, that there was no binding contract, that the plaintiff breached first, or that the limitation period expired. A defendant may also bring a counterclaim against the plaintiff, or pull in other parties. Once the defence (and any reply) is filed, the pleadings are closed — the issues in dispute are now defined, and the case moves into its information-gathering phase.
In a Superior Court action, the parties go through discovery: they exchange relevant documents (documentary discovery) and question each other under oath before trial (examinations for discovery). Discovery is where each side learns the strengths and weaknesses of the case, and it is often the most time-consuming and expensive phase. Small Claims Court has a much lighter version — there is no formal examination for discovery, which is a big part of why it is faster and cheaper.
Ontario builds settlement opportunities directly into the process:
These steps exist because the system genuinely wants cases settled — and most are. Going in prepared, with a clear view of your position and your numbers, makes a real difference to the outcome.
If the case does not settle, it moves toward trial. In the Superior Court there is typically a pre-trial conference to organise the issues, estimate the trial length, and make one more push at settlement, after which the action is set down for trial. In Small Claims Court, once the settlement conference is done, a party asks the clerk to fix a trial date (the trial-date fee is the single largest court fee — budget for it using the filing fee calculator).
At trial, each side presents evidence and witnesses, and the judge (Small Claims and most civil trials proceed without a jury) decides the outcome and issues a judgment. Small Claims trials are less formal, with relaxed rules of evidence; Superior Court trials are more rigid. A successful party is generally awarded the proven damages, prejudgment interest, and a portion of their costs.
A judgment is not a cheque. If the losing party does not pay voluntarily, the winner has to enforce the judgment — through tools like garnishing wages or bank accounts, a writ of seizure and sale against property, or an examination in aid of execution to find the debtor's assets. Enforcement is its own process with its own steps and costs, and how collectable a judgment is depends entirely on whether the debtor has money or assets. It is worth thinking about collectability before you sue, not after.
Timelines vary a great deal, but as a rough guide: a defended Small Claims Court case often runs about a year to eighteen months to reach a settlement conference and, if needed, trial. A Superior Court action with full discovery can take two to three years or more. The single biggest variable is settlement — because most cases settle before trial, the practical timeline is usually much shorter than the worst case.
And if you are the plaintiff wondering whether to issue a claim at all, first weigh the cost of suing and make sure you are still inside the limitation period.
If you have been served, the first task is to actually read the claim closely and understand what it alleges. Four things to pin down:
Reading the claim carefully is also how you spot a possible defence — a limitation problem, a term that was actually performed, or a plaintiff who breached first. Bring it, and your documents, to a lawyer early.
Being served does not mean the only choice is "fight." Defendants generally have several paths:
Choosing among these is a strategic decision that depends on the strength of the claim, the cost of defending, and what you can afford to lose. A defence lawyer can help you pick the path that actually serves your interests rather than just your instinct to fight.
Ontario's rules actively reward parties who make reasonable settlement offers — and penalise those who unreasonably refuse them. Both the Superior Court and Small Claims Court have formal offer to settle rules: if a party makes a proper written offer and then does better at trial than the offer would have given them, the court can award that party enhanced costs from the date of the offer. In other words, turning down a fair offer and then losing — or winning less — can cost you, even if you technically prevail. This is why a well-timed, well-documented offer to settle is one of the most powerful tools in litigation, on either side of a case.
Between the defence and the trial, either party may bring a motion — a request for the court to decide a specific issue. Some motions are procedural (more time, amending a pleading, compelling documents); others can be decisive. In the Superior Court, a summary judgment motion can resolve all or part of a case without a full trial where there is no genuine issue requiring one — a faster, cheaper route in the right case. Each motion carries its own court fee and legal time, so they are tools to be used deliberately, not reflexively.
It is worth stepping back to see the fork in the road. If a claim is undefended, the path is short: note the defendant in default, obtain default judgment, and move to enforcement — sometimes within a couple of months. If a claim is defended, the full sequence unfolds: pleadings, information-gathering, a mandatory settlement step, and potentially a trial, over a year or more. Most defended cases never reach trial because they settle along the way — but the possibility of trial is what gives every earlier step its weight. Knowing which path you are on shapes everything from cost to timing. Before starting a claim, it is worth weighing the cost of suing against the likely route the other side will take.
Because a judgment is only as good as your ability to collect on it, it is worth understanding the main enforcement tools before you ever sue. If a debtor will not pay voluntarily, Ontario gives a judgment creditor several routes:
Each step has its own forms, fees, and effort, and none of them conjures money from a debtor who genuinely has none. That is the practical reality behind a recurring theme on this site: assess collectability before you sue, not after you win. A judgment against a person with steady income or real property is worth pursuing; one against someone with neither can be a hollow victory. For a money claim, the Small Claims Court calculator helps you weigh the whole picture before you commit.
It is easy to read the litigation process as a one-way march to trial, but in reality settlement is possible — and common — at every step along the way. A case can resolve the day after a claim is served, during the exchange of documents, at the mandatory settlement conference or mediation, after a well-timed offer to settle, on the eve of trial, or even mid-trial. Most cases settle precisely because, as each stage passes, both sides learn more about the strengths and weaknesses of their positions and the real cost of continuing.
This is why litigation and negotiation are not opposites — they run in parallel. Issuing a claim can be exactly what brings a stubborn opponent to the table, and the structured settlement steps built into the process exist to give both sides repeated, low-cost chances to resolve. A good litigation strategy keeps one eye on the courtroom and the other on the settlement that usually comes first. If a claim is on the horizon for you — in either direction — a litigation lawyer can help you use each stage to push toward the best realistic outcome.
In the Superior Court, generally 20 days if served in Ontario, 40 days if served elsewhere in Canada or the U.S., and 60 days if served anywhere else; a Notice of Intent to Defend adds 10 days. In Small Claims Court, a defendant has 20 days after service to file a Defence.
The plaintiff can have the defendant noted in default and seek default judgment. The defendant generally loses the right to contest the claim, and judgment can be granted without a trial.
A Statement of Claim starts an action in the Superior Court (for larger claims); a Plaintiff's Claim starts a case in Small Claims Court (up to $50,000). Different forms and deadlines, similar overall path.
A defended Small Claims case often takes about a year to eighteen months; a Superior Court action with full discovery can take two to three years or more. Most cases settle before trial, which shortens the timeline.
Do not ignore it. Note the deadline, gather your documents, and get legal advice quickly. Missing the deadline can lead to default judgment, and even a strong defence must be filed in time.
Whether you are pursuing a claim or have just been served with one, call 416-554-1639 or book a free consultation — and if you have a deadline, mention it.
The litigation process rewards acting early and on time. Jonathan Kleiman guides Ontario clients through every step, from the claim to enforcement. Free 30-minute consultation.