Statement of Claim Explained
In civil litigation, one of the most common ways to commence a lawsuit is by filing a statement of claim with the appropriate courthouse. Once the statement of claim is filed, it must be served on the individuals being sued to formally notify them of the legal action.
If you are self-represented, you may be wondering what a statement of claim is and when you should file one. You may have also received a statement of claim and have questions about the next steps. This article will answer these questions and explain how a litigation lawyer can help.
What is a Statement of Claim?
In Ontario, a statement of claim is the originating process for legal proceedings where the monetary value of the claim exceeds $35,000.00. This document is filed with the Court and must be served on the defendant(s) to initiate the legal process.
The statement of claim serves as the foundation of the lawsuit and should:
- Provide a clear outline of the claims for remedies and damages being sought;
- Serve as formal notice of the lawsuit; and
- Set the framework for the rest of the legal proceedings, if necessary.
A statement of claim typically includes the following information:
- Concise statements indicating the remedies being requested from the Court, including claims for damages;
- Relevant background information to provide the necessary context for the legal claim; and
- Clear identification of the parties involved in the dispute.
However, a statement of claim must not include:
- Evidence supporting the claim;
- Detailed legal submissions or case law references;
- Personal opinions or emotions related to the dispute; or
- Insulting, inappropriate, or unrelated information.
A statement of claim is arguably the most important document in a civil lawsuit. Failure to prepare it properly and in compliance with the Rules of Civil Procedure could result in delays, or even dismissal, of the claim.
It is advisable to consult with a litigation lawyer before taking steps to prepare, file, and serve a statement of claim. A lawyer can help you determine the best legal strategy, what to claim in your lawsuit, and assist in drafting the statement of claim to maximize your chances of achieving a successful outcome.
Filing a Statement of Claim
Claims must generally be filed and served within two years of the date the plaintiff knew or should have known they had a legal claim against the defendant(s). The Ontario Limitations Act, 2002 outlines the limitation periods for commencing civil proceedings. Failure to file within the prescribed time could result in the Court dismissing the claim for delay.
It is always best to consult with a litigation lawyer as soon as possible to explore your legal options. Courts rarely accept “failure to seek legal advice” as an excuse for delaying the filing of a statement of claim.
What To Do If You Receive a Statement of Claim
If you are served with a statement of claim, you have a limited time to respond. In Ontario, defendants have 20 days to serve and file a statement of defence or 10 additional days if a notice of intent to defend is served.
Failure to respond within the deadline may result in the plaintiff noting you “in default,” which could lead to the loss of your right to defend against the statement of claim. Being noted in default may mean you are deemed to admit all allegations against you, and you will not be able to participate in further proceedings unless you bring a motion to set aside the default judgment.
These are formal court documents, and mistakes in preparation can have serious financial or legal consequences. It is advisable to seek legal assistance to ensure compliance with the Rules of Civil Procedure.
Conclusion
Understanding the significance of a statement of claim is crucial in civil litigation. Whether initiating a lawsuit or responding to a statement of claim, the document shapes the course of the proceedings and has a direct impact on the outcome.
If you are involved in a civil dispute and are unsure how to proceed, consulting a litigation lawyer is essential. At Achkar Law, we provide experienced guidance in civil litigation, from preparing the statement of claim to formulating a comprehensive litigation strategy.
Prepare for your civil lawsuit with confidence.
Contact Achkar Law for Help with Statement of Claim Preparation
Filing or responding to a statement of claim is a critical step in civil litigation, with significant legal consequences. At Achkar Law, we help clients deal with the complexities of initiating or defending against legal actions through well-prepared statements of claim.
How Achkar Law Can Assist You
- Focused on Civil Litigation: Our lawyers have extensive experience drafting and reviewing statements of claim for a variety of disputes, ensuring your case is built on a solid foundation.
- Clear Legal Guidance: We guide you through the process, explaining your options and helping you understand the steps required to protect your legal rights.
- Reliable Legal Support: Achkar Law is committed to representing clients in civil litigation, ensuring their claims are presented effectively and in compliance with the law.
Take the First Step in Protecting Your Legal Rights
Don’t risk mistakes in your legal filings. Contact Achkar Law today to discuss how we can help with your statement of claim and guide you through the litigation process.
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