What is the difference between a cease-and-desist letter and a demand letter in Ontario?

Both are written notices delivered before or instead of litigation, but they seek different things. A demand letter typically asks the other party to pay money, fulfill a contractual obligation, or repair damage. A cease-and-desist letter demands that the other party stop doing something — cease certain conduct immediately and desist from repeating it in the future.

Cease-and-desist letters are common in situations involving copyright or trademark infringement, harassment, defamation, breach of a non-compete or non-solicitation agreement, or nuisance. Like a demand letter, a cease-and-desist is not a court order. The recipient is not legally required to comply simply because they received the letter.

However, a cease-and-desist puts the other party on notice. If the conduct continues after the letter, the sender can pursue an injunction — a court order requiring the party to stop — or seek damages. The letter also documents that the other party knew their conduct was objectionable, which matters for proving intent and calculating damages.

In practice, the terms "cease-and-desist" and "demand letter" are sometimes used interchangeably. What matters is that the letter clearly describes the conduct you want stopped, why it is unlawful, and what you will do if it continues.