What is a notice of action and how is it different from a statement of claim in Ontario?

In Ontario, a proceeding in the Superior Court of Justice can be started either by a statement of claim or by a notice of action. A notice of action is a shorter form document that preserves the limitation period when you are not yet ready to prepare a full statement of claim. It names the parties and describes the nature of the claim but does not include full details.

Once a notice of action is issued and served, you generally have 30 days to file and serve a statement of claim to follow up with the full details. This two-step approach is useful when you are up against a limitation deadline and need to start the proceeding immediately while continuing to gather information for the full claim.

The notice of action stops the limitation clock from running but does not give the defendant a picture of what they need to defend against — that comes with the statement of claim. Courts expect the statement of claim to follow promptly. If you miss the 30-day deadline to file the statement of claim after a notice of action, you may need court permission to proceed. A litigation lawyer can advise on the best way to commence your claim.