Summary
In Ontario, plaintiffs must file claims correctly, and defendants must respond within a specified time. Rule 8 covers claims and defenses, including proper service. If improperly served, the court can dismiss or amend the case. If a defendant fails to respond, the plaintiff can request a default judgment, but the court will consider service validity. Rules 8.01, 8.07, and 19.01 address these issues.Full Conversation
What are the laws in regards to plaintif f filing in court anddefendantnotfiling in court and court sending email for rule * in matter in ontatio
Hello ****, in Ontario, here are the general rules:
- Plaintiff must file a claim with the court.
- Defendant must respond within a specified time.
- Rule * regards "Claims and Defences" which include the filing and delivery of claims and defences.
- Courts may communicate via email.
Could you specify the context for a more detailed response?
They stated plaintiff claim was improperly served , rule * ,
Hello ****, under Ontario's Rules of Civil Procedure:
- Rule *.* stipulates a claim must be correctly served to the defendant.
- If improperly served, the defendant may object.
- The court can dismiss or amend the case based on improper service.
Could you share more about the improper service claim?
Defendant had stated unsure if they couldaccept in manner . Court sent email rule * , even though they knew defendant failed to file in court
Hello ****, in Ontario, if the defendant is unsure or unable to accept service, they should communicate this to the court. If the defendant fails to file, the court may proceed as if they had been properly served. Rule * may still apply.
Plaintiff had fileda default on defendant and court responded with rule * , knowing defendant had not filed in court .
Hello ****, in Ontario:
- If a defendant doesn't respond, a plaintiff can request a default judgment.
- However, if the court determines the claim was improperly served, it can deny the request, citing Rule * (Claims and Defences).
- Even without a response from the defendant, correct service procedure is mandatory.
Six months after filing
Hello ****, in Ontario, if six months have passed without any action from the defendant, the plaintiff may request a dismissal for delay. However, the court may also consider the validity of the service before making a decision.
Is their a rule that covers this situation
Hello ****, yes, there are rules in Ontario that cover this.
- Rule *.* (*) addresses correct service of the claim.
- Rule *.* (*) addresses dismissal for delay when there's no action for six months.
- Rule *.* (*) addresses default judgment when the defendant doesn't respond.
These rules may apply in your situation.
Noted early in claim , sent e.ail at advice of solicitor that 20 days pSsed and no answer , solicitor had stated give another * .
Hello ****, in Ontario, if you've followed your solicitor's advice and waited the extra 20 days, what was the outcome? Did the defendant respond, or is there a new development from the court?
Defendant responded butdid not answer if manner was acceptable and still never fled withcourt
Hello ****, in Ontario:
- If the defendant doesn't respond appropriately and fails to file with the court, the plaintiff can proceed with requesting a default judgment.
- The court may still consider the validity of the service before making a decision.
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