What happens if the other side ignores my demand letter in Ontario?
If the other side does not respond to your demand letter by the deadline you set, you generally have two options: send a follow-up final demand or proceed to file a legal claim. Ignoring the deadline yourself and taking no further action signals that your threat was empty, which weakens your position.
In Ontario, most civil disputes are filed in either Small Claims Court or the Superior Court of Justice, depending on the amount claimed. Small Claims Court handles claims up to the applicable statutory limit set by regulation and is designed for straightforward disputes. Larger or more complex matters go to the Superior Court of Justice. You may also have access to alternative dispute resolution options such as mediation, particularly if a contract in the dispute includes a dispute resolution clause.
Before escalating, review whether your claim is within the applicable limitation period under Ontario's Limitations Act, 2002, which generally requires you to start a proceeding within two years of discovering the claim. Missing that window can bar you from court entirely. A lawyer can help you evaluate the strength of your claim, the most appropriate court or forum, and whether the cost of litigation is justified by what you stand to recover.
Key takeaways
- No response by the deadline means you can proceed to file a legal claim.
- Choose the right court based on the amount and complexity of your claim.
- Check that your claim is within Ontario's two-year general limitation period.
- A lawyer can help you weigh the cost of proceeding against what you may recover.