Timelines For Service: What's Changing And Why It Matters For Your Files

Introduction 

Ontario is moving to a faster civil system. A core piece is compressing the time to serve and respond to claims. The proposal sets firm, front‑loaded service timelines, adds simple extensions with accountability, and aligns defence deadlines across the Application Track, Summary Track, and Trial Track. The goal is clear: reduce delay from the start so most matters reach a dispositive hearing within about two years of the close of pleadings. Below is a high‑level summary of the proposed changes to “Timelines for Service” and what they mean for day‑to‑day practice.

Claims 

The proposal replaces the current six‑month period to serve a statement of claim with a 45‑day service deadline from issuance. Recognizing practical difficulties (hard to find defendants, evasive parties), the claimant gets a one‑time automatic 45‑day extension by filing either: 

• an affidavit of attempted service; or
• a declaration that the failure to serve was inadvertent.

If service still cannot be completed within the 90‑day outer window, the claimant must, before the 90 days expire, seek directions to:

• extend time (showing reasonable efforts and a realistic path to service);
• permit substituted service; or
• dispense with service.

If the claimant misses the 45‑day deadline and does not follow the extension pathway, the claim is automatically stayed. On a motion to lift the stay, the Court may strike, lift the stay with directions, or make any just order. To deter late service, the proposal suggests a higher motion fee (proposed $2,500) to lift stays. The guiding factors to lift a stay are those in Tookenay v O'Mahony Estate. 

Application Track 

When a claim proceeds on the Application Track, the Court assigns a Directions Conference date on filing. The claimant must serve the Notice of Directions Conference with the Notice of Claim.

A defendant has 20 days from service of the Notice of Claim to file a Notice of Intent, indicating whether the defendant will defend, submit rights with ongoing notice, or submit rights without further notice. There is no automatic requirement to deliver a Statement of Defence on this track; the need for responsive pleadings is determined at the Directions Conference. Where no party files a Notice of Intent, the presiding judge may dispose of the claim at the Directions Conference or direct default‑style relief.

Defences in Matters on the Summary Track and Trial Track 

For Summary and Trial Tracks, defending the claim is a two‑step process: 

Step 1: Notice of Intent within 20 days of service of the Notice of Claim. The Notice of Intent includes a checkbox to request an early Directions Conference (for example, to challenge jurisdiction or seek to strike). Requesting an early conference to raise jurisdiction or a strike motion does not amount to attornment. Where an early conference is requested on that basis, no further pleading is required pending directions, and the defendant cannot be noted in default while waiting for those directions.

If a defendant fails to file a Notice of Intent within 20 days, the claimant may proceed toward default.

Step 2: Statement of Defence within 45 days of service of the Notice of Claim (defence alone, or defence with counterclaim/crossclaim). Replies and defences to counterclaims/crossclaims are due in 45 days.

Subsequent Party Pleadings 

Third party claims will be governed by the following rules: 

• A defendant served with a Notice of Claim has 45 days to serve a “Notice of Intent to Issue a Third Party Claim”;
• The defendant will have an additional 45 days from service of that notice to issue and serve the third party claim on all parties, subject to the application of the Extension Rules;
• The third party, once served with the third-party claim, must:
• Serve and file a Notice of Intent to defend within 20 days. 
• Defend (i.e., serve a defence to the third party claim and/or main action) within 45 days. 
• The same timelines will hold true for any subsequent claims; and
• A party will require leave of the Court to issue a third party claim outside of the prescribed timelines.

Recommendations

• Prescribe the above service and defence timelines and adopt the Extension Rules to keep files moving with limited, structured flexibility.
• On the Application Track, the prescribed deadline to file a statement of defence does not apply to defendants. Instead, defendants will serve and file Notices of Intent and those matters will otherwise proceed to a Directions Conference. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.