Defend

To defend, in civil litigation, means to respond to a claim brought against you. In the BC Supreme Court, a defendant does this by filing a response to civil claim that admits or denies the facts alleged and sets out its own version and any legal defences. A defendant may also bring a counterclaim or third party claim.

How BC law treats it

Under the Supreme Court Civil Rules, a defendant must file and serve a response to civil claim within 21 days after service if served anywhere in Canada, 35 days if served in the United States and 49 days if served elsewhere (Rule 3-3(3)), or the plaintiff may seek default judgment. In Provincial Court small claims, a reply must be filed within 14 days after service in BC, or 30 days if served outside BC (Small Claims Rules, Rule 3(4)).

What it means for your business

A business served with a claim should act immediately, as deadlines are short and missing them can result in judgment.

Risks and common mistakes

Ignoring a claim, or waiting while negotiating informally, can lead to default judgment and enforcement against business assets.

Fulcrum's litigation lawyers can help with these issues.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.