What Is a Statement of Claim? Understanding Ontario Lawsuits

A statement of claim is the document that starts most civil lawsuits in Ontario. If you’re suing someone or being sued, understanding what a statement of claim is, what it contains, and how to respond protects your legal rights and helps you navigate the litigation process.

A statement of claim is the formal legal document that a plaintiff files with the court to start a lawsuit. It sets out:

• Who is suing whom
• What happened that gives rise to the lawsuit
• The legal basis for the claim
• What remedy or compensation the plaintiff wants

Think of it as the plaintiff’s story told in legal format, explaining why the court should rule in their favor and order the defendant to pay damages or provide other relief.

Most civil lawsuits begin with a statement of claim, including:

• Contract breach disputes
• Business and partnership conflicts
• Employment wrongful dismissal claims
• Real estate purchase disputes
• Professional negligence claims
• Defamation lawsuits
• Debt collection actions

Identifies everyone involved:

• Plaintiff(s): The person or company suing
• Defendant(s): The person or company being sued
• Full legal names and addresses for proper identification

Multiple parties: Lawsuits can have multiple plaintiffs suing together or multiple defendants being sued jointly.

A detailed narrative of what happened:

• Chronological description of events
• Relevant dates, locations, and circumstances
• Who did what and when
• How the defendant’s conduct harmed the plaintiff

Organized in numbered paragraphs for easy reference throughout the litigation.

Must include material facts (the essential facts needed to establish the legal claim) but not evidence (which comes later) or excessive detail.

Identifies the legal basis for why the defendant should be held responsible:

• Breach of contract
• Negligence
• Breach of fiduciary duty
• Fraud or misrepresentation
• Defamation
• Unjust enrichment
• Oppression (for corporate matters)

Often includes multiple claims based on the same facts, giving the court different legal grounds to find liability.

What the plaintiff wants the court to order:

• Damages: Specific dollar amount or “general damages to be assessed”
• Interest: Pre-judgment and post-judgment interest
• Costs: Legal fees and disbursements
• Specific performance: Forcing completion of a contract
• Injunction: Ordering someone to stop doing something
• Declaration: Court ruling on rights or legal issues

Accounting: Requiring financial disclosure

Essential administrative details:

• Court file number (assigned when filed)
• Which court and location
• Filing date
• Lawyer’s name and contact information

The most common response, where you:

• Admit facts you don’t dispute
• Deny facts you dispute
• State your version of events
• Raise legal defenses
• Sometimes include a counterclaim suing the plaintiff back

Preserves your right to defend the lawsuit and present your case.

Challenge the claim without filing a full defence:

• Motion to strike for not disclosing a reasonable cause of action
• Motion to dismiss for lack of jurisdiction
• Motion for summary judgment if no genuine issue for trial

Strategic in some cases but risky if the motion fails.

Ignoring the statement of claim allows the plaintiff to obtain default judgment against you without hearing your side. You lose by default.

Collection follows: The plaintiff can enforce the judgment against your assets, wages, and property.

Once the statement of claim and statement of defence (and any reply) are filed, the “pleadings” close and the case moves to the discovery phase.

Both sides exchange:

• Relevant documents
• Written questions (interrogatories)
• Oral examinations under oath (examinations for discovery)

This process: Clarifies issues, reveals evidence, and often leads to settlement.

Mandatory mediation in many cases attempts to resolve disputes before trial.

Most cases settle during this phase rather than proceeding to trial.

If no settlement, the matter proceeds to trial where a judge hears evidence and makes a binding decision.

Received a statement of claim or considering starting a lawsuit? Contact us to discuss your case –  416.901.9984 or info@pintoshekib.ca.