What is a statement of defence?

A statement of defence is the formal written pleading a defendant files in response to a statement of claim in a civil action, setting out which allegations are admitted, which are denied, and what legal and factual grounds the defendant relies on to resist the claim. The term “statement of defence” is most commonly associated with actions in the Alberta Court of King’s Bench, but the same underlying function — a formal written response to an originating claim — is served by different documents in different forums, including a dispute note in the Alberta Court of Justice and a respondent’s factum in the Alberta Court of Appeal.

When you should consider a statement of defence

Responding to a statement of claim in the Court of King’s Bench. A statement of defence is generally the appropriate response where a plaintiff has commenced an action against you in the Alberta Court of King’s Bench. Without a filed statement of defence, a defendant’s ability to participate in the action is significantly limited, and the plaintiff may obtain judgment without a trial on the merits.

Responding to a civil claim in the Court of Justice. For claims within the monetary jurisdiction of the Alberta Court of Justice, the equivalent pleading is a dispute note, which performs a similar function to a statement of defence and is subject to comparable deadlines. A dispute note generally sets out the grounds on which the defendant disputes the civil claim and preserves the right to defend on the merits.

Responding to an appeal in the Court of Appeal. Where a party has filed a notice of appeal from a decision of a lower court or administrative tribunal, the responding party generally files a respondent’s factum. A respondent’s factum is the appellate-level analogue to a statement of defence and is the document through which a respondent sets out its position and preserves the right to present oral argument on the appeal.

Preserving substantive defences. A statement of defence is generally the pleading in which substantive defences are raised, including limitation defences under the Limitations Act, contractual defences, denials of fact, and defences that shift responsibility to a third party. Defences that are not pleaded in the statement of defence may be more difficult to raise later in the action.

Advancing a counterclaim or third party claim. A defendant who wishes to advance a counterclaim against the plaintiff, or a third party claim against another party who may be liable, generally does so alongside the statement of defence. Pairing a statement of defence with a counterclaim allows the defendant to pursue its own claims in the same action rather than commencing a separate proceeding.

Relevant laws and regulations

Limitations Act, RSA 2000, c L-12. Governs the time limits for commencing civil claims in Alberta.

Alberta Rules of Court, Alta Reg 124/2010. The procedural rules governing civil litigation in the Court of King’s Bench of Alberta and Court of Appeal of Alberta.

Court of King’s Bench Act, RSA 2000, c C-31. Establishes the jurisdiction of Alberta’s superior trial court for civil matters.

Court of Justice Act, RSA 2000, c C-30.5. Governs the Alberta Court of Justice, which handles civil claims up to $100,000 under a streamlined process.

Federal Courts Act, RSC 1985, c F-7. Governs the jurisdiction of the Federal Court of Canada, which has exclusive jurisdiction over federal legal matters.

Common legal issues

Missing the deadline to file a statement of defence. Missing the deadline to file a statement of defence exposes the defendant or respondent to serious consequences, including being noted in default, losing the right to present oral argument, or having a judgment entered without a trial or hearing on the merits.

Pleading a bare denial instead of engaging with the allegations. A statement of defence that simply denies everything without addressing specific allegations is often considered insufficient. A well-drafted statement of defence generally admits, denies, or puts in issue each material allegation and pleads the facts the defendant will rely on.

Failing to plead defences. Certain defences — including limitations, consent, contributory negligence, set-off, and contractual defences — generally need to be specifically pleaded in the statement of defence. A failure to plead an affirmative defence can limit the defendant’s ability to rely on that defence later in the action or on appeal.

Overlooking counterclaims and third party claims. A defendant who has a claim against the plaintiff, or a claim for contribution or indemnity against another party, generally advances those claims at the same time as filing the statement of defence. Addressing these claims at the defence stage is typically more efficient than bringing them as separate proceedings later.

Navigating the new Alberta litigation plan requirements. For Court of King’s Bench actions commenced on or after September 1, 2025, the parties are required to file a mandatory litigation plan within four months of service of the first statement of defence, and there is a civil trial target of 36 months from that date. A statement of defence is therefore also the trigger for a series of subsequent procedural deadlines in King’s Bench proceedings.

Frequently asked questions

What is the deadline to file a statement of defence in Alberta? In the Court of King’s Bench, a defendant generally has 20 days to file and serve a statement of defence if served in Alberta, one month if served elsewhere in Canada, and two months if served outside Canada. Deadlines in the Court of Justice and Court of Appeal are governed by separate rules and are shorter in some cases.

What happens if I do not file a statement of defence on time? In the Court of King’s Bench and Court of Justice, the plaintiff may note the defendant in default and apply for a default judgment, which can be entered without a trial. In the Court of Appeal, a respondent who fails to file a factum on time generally will not be permitted to present oral argument unless the panel orders otherwise.

Is a statement of defence the same as a dispute note or a respondent’s factum? No. A statement of defence is filed in the Court of King’s Bench. A dispute note is the equivalent response document in the Court of Justice. A respondent’s factum is the appellate-level response document filed in the Court of Appeal. All three perform the same core function — a formal written response that preserves the defendant’s or respondent’s position — but each is governed by its own rules.