Weir Bowen LLP - Steps In a Civil Action - Pleadings

The plaintiff commences the action by a statement of claim, and the defendant responds by a statement of defence. The statement of claim and statement of defence are pleadings that contain statements in summary form of the material facts upon which a party relies for the claim or defence. The pleadings are filed at the Office of the Clerk of the Court.

A statement of claim must be served on the defendant(s) within one year from the date of filing. The time for service of a statement of claim may be extended for a period of three months, by an order made by a master of the Court of Queen’s Bench before the time for service has expired.

A statement of defence must be filed within 15 days from the date of service of the statement of claim, though normally that time period is extended by agreement.
 

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