Share on LinkedInShare on LinkedIn

ARTICLE · 06 NOVEMBER 2025

What Not To Do When You're Served With A Lawsuit

Last month we walked through the importance of taking the right first steps after being served with a Statement of Claim. But just as important are avoiding the wrong moves – the panicked reactions...

CanadaLitigation, Mediation & Arbitration

Last month we walked through the importance of taking the right first steps after being served with a Statement of Claim. But just as important are avoiding the wrong moves – the panicked reactions that can take a bad situation and make it much worse.

Here are ten classic mistakes people make, and why you'll want to steer clear of them.

  1. Pretend It Never Happened

Hiding papers in a desk drawer won't make them disappear. In fact, ignoring a claim can result in a default judgment – meaning the court may rule against you without hearing your side. Cleaning up that mess later is costly at best, and may be impossible.

  1. Call the Plaintiff to "Work It Out"

It feels natural to pick up the phone and explain yourself. But remember: anything you say might be used in court. While some conversations could conceivably attract some form of privilege (a topic for another day), assume that even casual comments can be twisted into admissions. Save conversations

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from