Duhaime's Law Dictionary


Statement of Defence Definition:

A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.

Related Terms: Affirmative Defense, Statement of Claim

Certain kinds of claims require specific types of allegations in the statement of defence failing which the defendant may face an argument that facts not denied are admitted or, if that is precluded by the rules of court, that facts which form the basis of a particular defence but not alleged in the statement of defence, cannot be raised at trial.

Where the defendant has an independent cause of action against the plaintiff, that is not normally raised in the statement of defence but in a separate or attached document called a counterclaim.

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