Time for Delivery of Statement of Defence and Crossclaim
 28.04 (1) A statement of defence and crossclaim shall be delivered, (a) within the time prescribed by rule 18.01 for delivery of the statement of defence in the main action or at any time before the defendant is noted in default; or (b) subsequently with leave, which the court shall grant unless the plaintiff would be prejudiced thereby.  R.R.O. 1990, Reg. 194, r. 28.04 (1). (2) A statement of defence and crossclaim need not be served personally on a defendant against whom a crossclaim is made, unless the defendant has failed to deliver a notice of intent to defend or a statement of defence in the main action, in which case the defendant shall be served personally or by an alternative to personal service under rule 16.03, whether or not the defendant has been noted in default in the main action.  R.R.O. 1990, Reg. 194, r. 28.04 (2). Time for Delivery of Defence to Crossclaim Defence to Crossclaim 28.05 (1) Subject to subrule (2), a defence to crossclaim (Form 28B) shall be delivered within twenty days after service of the statement of defence and crossclaim.  R.R.O. 1990, Reg. 194, r. 28.05 (1). Where Defence to Crossclaim not Required (2) Where, (a) a crossclaim contains no claim other than a claim for contribution or indemnity under the Negligence Act; (b) the defendant to the crossclaim has delivered a statement of defence in the main action; and (c) the defendant to the crossclaim in response to the crossclaim relies on the facts pleaded in the defendant’s statement of defence in the main action and not on a different version of the facts or on any matter that might, if not specifically pleaded, take the crossclaiming defendant by surprise, the defendant to the crossclaim need not deliver a defence to the crossclaim and shall be deemed to deny the allegations of fact made in the crossclaim and to rely on the facts pleaded in the statement of defence in the main action.  R.R.O. 1990, Reg. 194, r. 28.05 (2). Contents of Defence to Crossclaim May Defend Against Crossclaim and Against Plaintiff’s Claim Against Co-defendant 28.06 (1) In a defence to crossclaim, the defendant may, (a) defend against the crossclaim; and (b) where appropriate, defend against the plaintiff’s claim against the crossclaiming defendant, in which case the defendant may raise any defence open to the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (1). Separate Part for Defence Against Plaintiff (2) Where the defendant defends against the plaintiff’s claim against the crossclaiming defendant, the defence to crossclaim shall contain a separate part entitled a defence to plaintiff’s claim against crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (2). Consequence of Defending Against Plaintiff (3) A defendant who defends against the plaintiff’s claim against the crossclaiming defendant, (a) has the same rights and obligations in the action, including those in respect of discovery, trial and appeal, as a defendant to that claim; and (b) is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (3). Time for Reply by Plaintiff (4) The plaintiff’s reply, if any, to the defence to plaintiff’s claim against crossclaiming defendant shall be delivered within ten days after service of that defence.  R.R.O. 1990, Reg. 194, r. 28.06 (4). Consequence of Not Defending Against Plaintiff (5) A defendant who does not defend against the plaintiff’s claim against the crossclaiming defendant is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (5).