What happens if the defendant does not submit the defense within the deadline?
A. The claimant must submit a petition for an order that the defendant is in default of answer. If the claimant does not do so within 15 days of the expiration of the deadline for the defendant to file the defense, the court will strike out the case and the court fees will not be refunded. The defendant may appear to explain the default and if there are reasonable grounds, the court may allow the defendant a further period in which to file the defense. In the absence of reasonable grounds, the court will deem the defendant to be in default. However, the trial will proceed and the claimant must still prove its case. The defendant can cross-examine the claimant’s witnesses and challenge the claimant’s evidence, but cannot submit its own evidence or present its own witnesses. This principle also applies if the claimant fails to file an answer to a counterclaim in time.
