statement of claim explained

Statement of Claim Explained

Date: October 22, 2025

Being involved in a civil dispute can be overwhelming, especially if you are unfamiliar with how lawsuits begin. One of the most important documents in civil litigation is called a Statement of Claim. Whether you are the person filing it or the one receiving it, understanding how it works is crucial to protecting your rights and navigating the legal process.

This article explains what a Statement of Claim is, what it should include, what to do if you receive one, and how a litigation lawyer can help.

What is a Statement of Claim?

In Ontario, a Statement of Claim is the court document that officially begins most civil lawsuits in the Superior Court of Justice. Since October 1 2025, the Ontario Small Claims Court can hear cases of up to $50,000; matters above that amount must generally be filed in the Superior Court.

The Statement of Claim serves several purposes:

  • It outlines the legal remedies and damages being sought
  • It gives the defendant formal notice of the lawsuit
  • It sets the framework for the rest of the legal proceedings

A statement of claim example may include:

  • A summary of the facts giving rise to the lawsuit
  • A description of the damages or remedies the plaintiff is requesting
  • The names of the parties involved in the dispute

What it should not include are things like personal opinions, insults, or detailed evidence. Evidence will be presented later in the litigation process.

Because the Statement of Claim is the foundation of the lawsuit, mistakes in drafting can delay the case or even lead to its dismissal under the Rules of Civil Procedure.

If you’re considering filing or defending a claim, consult a civil litigation lawyer Toronto for guidance.

Filing a Statement of Claim

Filing a Statement of Claim must be done within the legal time limits set out in Ontario’s Limitations Act, 2002. Generally, you have two years from the date you knew, or should have known, about the claim to file. If you miss this deadline, the court may dismiss your case entirely.

The process usually involves:

  1. Preparing the Statement of Claim in compliance with the Rules of Civil Procedure
  2. Filing it with the appropriate courthouse
  3. Serving it properly on the defendant(s)

Because limitation periods are strict and procedural errors can be costly, it is always best to seek advice from a litigation lawyer before filing.

What to Do if You Receive a Statement of Claim

If you are served with a Statement of Claim, you cannot ignore it. In Ontario, you typically have:

  • 20 days to serve and file a Statement of Defence, or
  • 30 days if you file a Notice of Intent to Defend

Failing to respond on time may result in you being “noted in default.” This means the court could assume you admit to the allegations against you, and the plaintiff may obtain a judgment without your participation. Setting aside a default judgment later is possible but difficult, and it often requires additional costs and legal steps.

If you receive a Statement of Claim, seek legal advice right away to protect your rights.

How a Lawyer Can Help with a Statement of Claim

A litigation lawyer can provide essential guidance whether you are filing or responding to a Statement of Claim.

They can help by:

  • Ensuring your claim or defence complies with the Rules of Civil Procedure
  • Identifying the best legal strategy for your case
  • Drafting and reviewing your documents to avoid errors
  • Explaining deadlines and limitation periods
  • Representing you in negotiations or in court if necessary

Having professional legal support gives you a stronger chance of achieving a successful outcome.

In Summary

A Statement of Claim is the first and most important step in many Ontario civil lawsuits. It sets out what the plaintiff is asking for and signals the start of the litigation process. Filing or responding incorrectly can have serious consequences, including losing your case before it begins.

If you are considering filing a lawsuit or have just been served with a Statement of Claim, consulting a litigation lawyer can help you understand your options and protect your rights.

Need Help with a Statement of Claim?

At Achkar Law, our team has extensive experience assisting clients with civil litigation. Whether you need help preparing a Statement of Claim, reviewing a statement of claim example, or defending against one, we provide the guidance and representation you need.

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The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©