Legal Blog

Pleadings Attack

John v. Dallas 2019 Ont SCJ

A defendant who wants to attack the plaintiff’s statement of claim normally should not defend until after the motion is brought. However, if, regardless of a motion, the plaintiff threatens to note the defendant in default if the defendant does not defend, the defendant may still defend and not lose its right to attack the statement of claim.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.