What documents can be used to start a proceeding in Ontario Superior Court?

In Ontario's Superior Court of Justice, a proceeding can be started using either a statement of claim or a notice of application, depending on the nature of the matter. A statement of claim is used when the case involves disputed facts that need to be proven at trial. A notice of application is used when the matter turns primarily on legal questions or the interpretation of documents, and the facts can be established by affidavit rather than through a full trial.

Applications (commenced by notice of application) are heard on the basis of affidavit evidence, which typically makes them faster and less expensive than actions (commenced by statement of claim). However, if a responding party shows that there are genuine factual disputes requiring oral evidence, the court can convert the application into an action.

Choosing the right form of proceeding at the outset matters — starting with the wrong document can cause delay and cost. A litigation lawyer will assess the nature of your dispute, whether there are likely to be contested facts, and which form of proceeding is more appropriate and efficient for your situation.