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Defending a Queen's Bench Case

If you have been served with a Statement of Claim you can respond with a Statement of Defence. If you need more time to respond you can use a Notice of Intent to Defend. If you do not want to respond but still want to be notified when things happen in your case you can use a Demand for Notice. If you do not respond at all you can be noted for default and a judgment entered against you.

When to File a Statement of Defence

  • A Statement of Defence must be filed within 20 days of being served with the Statement of Claim if it was served on you in Saskatchewan – 30 days if it was served elsewhere in Canada or the United States and 40 days if it is served outside of Canada or the United States.
  • After this the other party can note you for default and proceed with their case without the court hearing your side of the story.
  • You can file a Statement of Defence after these time periods have passed as long as the other party has not noted you for default.

Content of Statement of Defence

  • Use Form 3-15 A of the Queen’s Bench Forms.
  • Divide the content into numbered paragraphs with one paragraph for each issue.
  • Be as brief as possible.
  • Admit any facts that the other party put in their Statement of Claim that you know are true.
  • State the facts that prove your defence but not the evidence you will use to prove those facts.
  • Reference any laws that support your defence.
  • Sign it.

There are some specific situations where you can ask the court to strike out the Claim. The court can make an order to strike out a Claim that does not show a valid cause for a lawsuit or a Claim that does not comply with the Rules. There are other situations as well. Part 3 of The Queen’s Bench Rules of Court (Rule 3-13) outlines these situations.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.