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Statement of Defence

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.

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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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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