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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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I have been served with a statement of claim and a notice of

Customer Question

hi there I have been served with a statement of claim and a notice of action. I have been in contact with the plaintiffs lawyer and willingly gave the a signed statement against my old worker who is suing them .When doing so the Plaintiffs lawyer has agreed to give me ample time to submit my statement of defence as he was not interested in it as much as he wanted me to make a statement against my old employee who is suing them . I had him send me a email confirming what he had talked about over the phone and it says he will give me sufficient time to put in a statement of defence when he calls apon it . But he also states that as discussed I may want to serve him with the intent to defend which I can do thru email . Do I have to serve the intend to defend if he has already granted me a fair amount of time to submit a statement of defence when called apon ?
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Customer: If the plaintiffs lawyer has granted me fair time to submit a statement of claim and confirmed it thru email is it necessary to submit a intent to defend anyways .
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Ontario Canada
JA: Have you talked to a lawyer yet?
Customer: just in a 15 minute consultation
JA: Anything else you think the lawyer should know?
Customer: I helped the plaintiff by making a sign statement against my old employee who is trying to sue the roof truss company in hopes that my old employees lawyer will realise he has no case and drop it all together
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I find his requesting that a bit troubling. It is not necessary to file this Notice of Intent to Defend unless you need to buy yourself 10 more days to put in your defence.

So if he is saying you don't need to rush there is no need to ask for the notice of intent to defend.

So I think you need to call him on this and also get him to tell you what your deadline actually is, or whether he will agree to speak to you before noting you in default if you've not put it in and he is getting concerned.

Do you see what I mean?

Expert:  Debra replied 1 year ago.

I was just thinking about our conversation and have been wondering if you have thought of any follow-up questions for me.