What is a statement of claim and how do I start a lawsuit in Ontario?
A statement of claim is the document that formally starts a civil lawsuit in Ontario's Superior Court of Justice. It sets out who is suing (the plaintiff), who is being sued (the defendant), the facts the plaintiff is relying on, and the relief or remedy being sought (such as damages or an injunction).
Once a statement of claim is issued by the court, it must be served on the defendant within a specific time period set out in the Rules of Civil Procedure. The defendant then has a deadline to file a statement of defence. If they do not respond in time, the plaintiff can request a default judgment.
The statement of claim is a critical document — it defines the boundaries of your case. Courts generally limit parties to the claims and facts set out in their pleadings, so it is important to get it right from the start. A litigation lawyer can help you draft a clear, complete claim that properly captures your legal position and does not inadvertently limit your remedies.
Key takeaways
- A statement of claim formally starts a lawsuit in Ontario Superior Court.
- It must describe the parties, the facts, and the relief sought.
- It must be served on the defendant within a set deadline after issuance.
- Errors in the claim can limit your remedies; get legal help drafting it.