statement of claim explained

Statement of Claim in Ontario and Notice of Civil Claim in BC: How Civil Lawsuits Begin

Date: June 10, 2026

Every civil lawsuit in Ontario and BC begins with a single court document that sets the entire proceeding in motion. In Ontario it is called a statement of claim. In BC it is called a notice of civil claim. Both documents serve the same essential function: they give the defendant formal notice that a lawsuit has been commenced against them, set out the facts and legal basis for the claim, and define what relief the plaintiff is seeking.

Whether you are the party filing the document or the party receiving it, understanding what it must contain, the deadlines that apply, and the consequences of getting either wrong is essential to protecting your position from day one. This article explains both the Ontario and BC processes, what each document must include, the response deadlines, what happens on default, and the limitation periods that determine whether a claim can be brought at all. For related guidance on how commercial litigation proceeds after pleadings are filed, see our overview of commercial litigation in Ontario and BC.

The core function
A statement of claim in Ontario and a notice of civil claim in BC are the documents that officially commence civil proceedings. They give the defendant notice of the claim and the relief sought, define the issues the court will decide, and start the clock on the defendant's obligation to respond. Every other step in the litigation flows from these documents.

Both documents must be served on each defendant, who then has a fixed period to respond. Failure to respond within that period allows the plaintiff to obtain default judgment without a trial. The pleadings are also not the place for evidence: they set out facts and legal claims, not exhibits or witness statements. Evidence comes later in the discovery process.

Ontario and BC: the key procedural differences

Ontario: statement of claim

  • Filed in the Ontario Superior Court of Justice
  • Governed by the Rules of Civil Procedure, RRO 1990, Reg 194
  • Small Claims Court handles claims up to $35,000
  • Limitation period: generally 2 years from discovery under the Limitations Act, 2002
  • Response deadline: 20 days from service (30 days after notice of intent to defend)
  • Default on non-response: plaintiff can note defendant in default and seek default judgment
  • Must include: material facts, relief sought, and comply with Rules of Civil Procedure format

BC: notice of civil claim

  • Filed in BC Supreme Court
  • Governed by the Supreme Court Civil Rules, BC Reg 168/2009
  • Civil Resolution Tribunal handles claims up to $5,000 (strata and some motor vehicle claims higher)
  • Limitation period: generally 2 years from discovery under the Limitation Act, SBC 2012, c 13
  • Response deadline: 21 days from service in BC (49 days if served outside BC)
  • Default on non-response: plaintiff can obtain default judgment without trial
  • Must include: material facts, legal basis, and relief sought under Supreme Court Civil Rules

What a statement of claim or notice of civil claim must include

Both documents are pleadings, not evidence. Their function is to define the claim and give the other side notice of what they need to respond to. Understanding what belongs in the document and what does not is as important as drafting the substantive content.

1

The material facts

A concise statement of the facts giving rise to the claim: what happened, when it happened, who was involved, and what the defendant did or failed to do. Material facts are facts that are legally relevant to the cause of action being advanced. The pleading should not include the evidence by which those facts will be proved: witness statements, documents, and exhibits are not part of the pleadings stage and do not belong in the claim.

2

The legal basis for each cause of action

Each cause of action being advanced must be identified and its legal elements addressed by the material facts pleaded. A claim for breach of contract requires facts showing the contract existed, what obligations it imposed, how the defendant failed to meet them, and what loss resulted. A claim for negligence requires facts going to duty of care, breach, causation, and damages. Pleading conclusions without the supporting material facts is a drafting error that can result in the claim being struck.

3

The relief sought

The specific remedies being claimed: a damages amount or category, an injunction, specific performance, a declaration, or other relief. In Ontario, the statement of claim must specify whether it is issued for a liquidated amount or an unliquidated claim. The relief claimed defines what the court can award: a court cannot grant relief that was not claimed in the pleadings without amendment. Claims for categories of relief not included in the original pleading require a motion to amend.

4

Compliance with format requirements

Both Ontario's Rules of Civil Procedure and BC's Supreme Court Civil Rules specify formatting, content, and filing requirements. In Ontario, claims must be issued by the court registry before being served. In BC, notices of civil claim must be filed with the BC Supreme Court Registry. Procedural deficiencies in the document or its service can be raised by the defendant and can result in delays, costs consequences, and in serious cases dismissal of the proceeding.

A statement of claim or notice of civil claim is not the place for argument, evidence, or personal commentary. It sets out facts and claims, not submissions about why the defendant is wrong. Courts regularly strike portions of pleadings that contain scandalous, frivolous, or vexatious material, legal argument, or evidentiary detail. Keep it factual, concise, and legally structured.

Limitation periods: the deadlines that determine whether you can sue

Before a statement of claim or notice of civil claim is filed, the most critical question is whether the claim is within the applicable limitation period. Filing after the limitation period has expired results in the claim being statute-barred: the court will dismiss it regardless of its merits.

In Ontario, the basic limitation period is two years from the date the claim was discovered, or ought reasonably to have been discovered, under the Limitations Act, 2002. In BC, the same two-year period applies from the date of discovery under the Limitation Act, SBC 2012, c 13. In both provinces, discovery means the date the claimant knew or ought reasonably to have known that the damage had occurred, that it was caused by the defendant's act or omission, and that a proceeding would be an appropriate means to seek to remedy it.

The discoverability rule means the clock does not necessarily start on the date of the breach or the date of the loss. But it also means the clock can start earlier than claimants sometimes assume: where the facts were reasonably ascertainable but the claimant did not investigate, the limitation period may have begun running without the claimant's actual awareness. For detailed guidance on limitation periods, see our guide to limitation periods in Ontario and BC.

Considering filing a civil claim in Ontario or BC and not sure whether you are still within the limitation period?

The two-year limitation period can run faster than it appears, particularly where the facts giving rise to the claim were discoverable before you actually investigated. Get legal advice on the applicable deadline before spending time and resources on a claim that may already be statute-barred.

Call: 1-800-771-7882 Get Advice on Your Limitation Period Now

What to do if you receive a statement of claim or notice of civil claim

Being served with a statement of claim or notice of civil claim requires immediate action. The response deadlines are short and the consequences of missing them are severe.

  • In Ontario: you have 20 days from the date of service to serve and file a statement of defence. If you file a notice of intent to defend first, the time to file the defence extends to 30 days. The notice of intent to defend does not respond to the allegations: it simply signals that you intend to defend and extends the time to prepare the full defence.
  • In BC: you have 21 days from the date of service if served in BC, or 49 days if served outside BC, to file a response to civil claim. The response to civil claim is the BC equivalent of the statement of defence and must address each allegation in the notice of civil claim.
  • Read the document carefully and identify all the claims being made, the relief sought, and any deadlines stated. Do not ignore it on the assumption that the claim has no merit: the strength of the underlying claim is irrelevant to the obligation to respond within the deadline.
  • Get legal advice immediately. A lawyer can assess whether the claim has legal merit, identify available defences, advise on whether a counterclaim should be filed, and ensure the response is properly drafted and filed within the deadline.

What happens if you do not respond

Failing to respond to a statement of claim or notice of civil claim within the applicable deadline has serious consequences in both Ontario and BC. Courts treat non-response as an admission of the allegations and allow the plaintiff to proceed to judgment without a trial.

In Ontario, a defendant who fails to file a statement of defence can be noted in default by the plaintiff. Once noted in default, the defendant loses the right to participate in the proceeding. The plaintiff can then move for default judgment, and the court may award the damages claimed without the defendant having any opportunity to contest them. Default judgment can be enforced by garnishment of wages or bank accounts, a writ of seizure and sale against the defendant's assets, and other enforcement mechanisms.

In BC, the procedure is equivalent: a defendant who fails to file a response to civil claim within the applicable period can be noted in default and the plaintiff can apply for default judgment. The defendant loses all ability to contest the claim or the quantum of damages once default judgment is granted.

Setting aside a default judgment is possible in both provinces but requires a court motion and is not routinely granted. The defendant must demonstrate a reasonable explanation for the default and an arguable defence on the merits. The longer the delay between the default and the motion to set it aside, the harder the motion becomes. Acting immediately on receiving any civil claim is always the better approach.

Starting a civil claim or just been served with one in Ontario or BC?

Whether you need to file a statement of claim before a limitation period expires or respond to a claim that has been served on you, get legal advice before the deadline passes. The first document filed or the first response filed sets the framework for everything that follows.

Get Advice on Your Claim or Defence Today Or call us: 1-800-771-7882

Practical takeaways

In Ontario, civil lawsuits commence with a statement of claim filed in the Superior Court of Justice under the Rules of Civil Procedure. In BC, they commence with a notice of civil claim filed in BC Supreme Court under the Supreme Court Civil Rules.
The basic limitation period in both Ontario and BC is two years from discovery under the Limitations Act, 2002 and the Limitation Act respectively. Filing after the limitation period expires results in dismissal regardless of the merits.
In Ontario, a defendant has 20 days from service to file a statement of defence (30 days with a notice of intent to defend). In BC, a defendant has 21 days from service in BC (49 days if served outside BC).
Failure to respond within the deadline allows the plaintiff to note the defendant in default and obtain judgment without a trial. Default judgment can be enforced against wages, bank accounts, and assets.
Pleadings contain material facts, legal bases for each claim, and relief sought. They do not contain evidence, argument, or personal commentary. Evidence is exchanged later in the discovery process.
Setting aside a default judgment requires a court motion, a reasonable explanation for the default, and an arguable defence on the merits. It is not routinely granted and becomes harder the longer the delay. Act immediately on being served.

Frequently asked questions

What is a statement of claim in Ontario?

A statement of claim is the court document that officially commences a civil lawsuit in the Ontario Superior Court of Justice under the Rules of Civil Procedure. It sets out the material facts, the legal basis for the claim, and the relief sought. It must be served on each defendant, who then has 20 days to file a statement of defence or 30 days if a notice of intent to defend is filed first.

What is a notice of civil claim in BC?

A notice of civil claim is the equivalent document in BC Supreme Court proceedings under the Supreme Court Civil Rules. It sets out the material facts, legal basis, and relief sought. A defendant served in BC has 21 days to file a response to civil claim, or 49 days if served outside BC. Missing the deadline allows the plaintiff to obtain default judgment without a trial.

How long do you have to file a lawsuit in Ontario?

Most civil claims in Ontario must be commenced within two years of the date the claim was discovered under the Limitations Act, 2002. Missing this deadline results in the claim being statute-barred regardless of its merits. Some claims have different limitation periods. Get legal advice on the applicable deadline immediately if you are considering filing a claim.

What happens if you do not respond to a statement of claim in Ontario?

If a defendant fails to file a statement of defence within 20 days of service, the plaintiff can note the defendant in default. Once in default, the defendant loses the right to participate in the proceeding and the plaintiff can obtain default judgment without a trial. Default judgment can be enforced against wages, bank accounts, and assets. Setting aside a default judgment requires a court motion and is not routinely granted.

What must a statement of claim include?

A statement of claim in Ontario must include a concise statement of the material facts giving rise to each cause of action, the legal basis for each claim, and the specific relief or damages sought. It must comply with the Rules of Civil Procedure in format and content. It should not include evidence, personal opinions, or legal argument. Evidence is presented later in the proceeding during discovery and at trial.

Filing a claim or just been served in Ontario or BC? Tell us what's happening.

Whether you need to file a statement of claim or notice of civil claim before a limitation period expires, or you have just been served and need to understand your response obligations and available defences, Achkar Law advises businesses and individuals across Ontario and British Columbia on commercial litigation at every stage. We will assess your position and make sure the right steps are taken before any deadline passes.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.