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.
- 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.
- 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 for your lawyer.
- Vent on Social Media
“I can’t believe my neighbour is suing me!” makes a catchy Facebook post – and also a neat little exhibit for opposing counsel. Posts about your case can be screenshotted in seconds and handed to a judge. Once it’s online, you can’t take it back. Twitter or “X” is not your diary, and the courtroom is not impressed with the number of likes or reposts you get.
- Miss the Deadline
In Manitoba, you generally have 20 days to respond if served here, 40 if served elsewhere in Canada or the U.S., and 60 if outside North America. Letting that deadline slip gives the plaintiff the green light to win by default.
- Destroy Evidence
Deleting emails, shredding receipts, or “accidentally” overwriting files after a lawsuit lands on your desk is called spoliation. Courts can punish this severely, potentially assuming the missing evidence was extremely damaging to your case.
- Send a Heated Reply to the Plaintiff
Getting sued stings. The urge to type out a long, sharp reply to the plaintiff can be overwhelming. Resist it. Firing off an angry email may feel cathartic, but it hands the other side free quotes and undermines your credibility. Every word you put in writing can show up later in court. That late-night rant you typed in frustration might look very different when it’s read back by a judge, stripped of tone and context. Opposing counsel loves nothing more than a self-incriminating quote they didn’t even have to dig for.
- File a DIY Defence Without Guidance
Court forms are public, but they’re not paint-by-numbers. A rushed, incomplete, or inaccurate Statement of Defence can box you into positions that weaken your case later. Once it’s filed, it’s part of the record and may be difficult to amend.
- Assume It Will All Just Settle
It’s true: most cases resolve outside of trial. But assuming settlement is guaranteed can make you complacent. The strongest settlements usually come from showing you’re prepared to go the distance if needed.
- Delay Calling a Lawyer
Every day counts. Even if you’re confident the case is minor, one consult can flag issues you didn’t know existed – like jurisdiction, limitation defences, or insurance coverage you hadn’t considered.
- Confuse Google With Legal Advice
Blogs like this one are meant to point you in the right direction, not replace personalized legal advice. Use online resources as a starting point, then check your specific situation with a qualified lawyer.
Final Word
The worst mistakes after being served usually come from knee-jerk reactions: ignoring the claim, oversharing, or overreacting. The best approach is one that is calm, deliberate, and informed.
Avoid these ten pitfalls, and you’ll give yourself – and your lawyer – the best chance of navigating the lawsuit on solid footing.
DISCLAIMER: This article is presented for informational purposes only. The views expressed are solely the author(s)’ and should not be attributed to any other party, including Taylor McCaffrey LLP. While care is taken to ensure accuracy, before relying upon the information in this article you should seek and be guided by legal advice based on your specific circumstances. The information in this article does not constitute legal advice or solicitation and does not create a solicitor-client relationship. Any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.
If you would like legal advice, kindly contact the author(s) directly or the firm's Chief Operating Officer at pknapp@tmlawyers.com, or 204.988.0356.
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Matthew Nordlund
Associatemnordlund@tmlawyers.com
Matthew is an Associate with Taylor McCaffrey LLP, focused primarily in the area of civil litigation, with an emphasis on construction and insurance litigation.
Austin Sutherland
Associateasutherland@tmlawyers.com
Austin is an Associate at Taylor McCaffrey and works with lawyers in all different practice areas.