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Defendant

The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.

A defendant is one who responds and defends a court action initiated by a plaintiff.

Some legal disputes are taken by way of a petition in which case the initiator is called a petitioner and the defending party, the respondent.

Generally, however, the defendant starts his participation in a trial by responding to a statement of claim by way of a statement of defence and, if the facts lend themselves to it, a counterclaim.

In a tort or personal injury action, the defendant is always the person whom, it is alleged, is the tort-feasor; the plaintiff being the alleged injured party.

In a third party claim, it is the defendant who seeks to draw in a third party.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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