What is a statement of claim in Ontario and what should it include?

A statement of claim is the document you file to formally start a lawsuit in Ontario's Superior Court of Justice. It is the first "pleading" in a civil action and sets out who is suing whom, what happened, what legal basis the plaintiff relies on, and what remedy (usually money) is being sought.

An Ontario statement of claim must follow the requirements in the Rules of Civil Procedure. It should identify the parties by their full legal names, describe the material facts (the key things that happened) in enough detail to give the defendant fair notice of the case against them, state the legal basis for the claim (breach of contract, negligence, and so on), and specify exactly what you are asking the court to award. It must be issued by the court clerk and served on the defendant within the required time.

The statement of claim is different from the full evidence and argument you will present at trial. It is a notice document. Pleadings that are vague, that include evidence rather than facts, or that assert legal conclusions without supporting facts can be challenged and may need to be amended.

In Small Claims Court, the equivalent document is called a plaintiff's claim, and the form is simpler and standardized. A lawyer can help you draft a statement of claim that accurately captures your legal position and meets the technical requirements.