Statement of Claim & Statement of Defence

Small Claims Court handles money or property claims up to $50,000. Anything above that belongs in Superior Court — unpaid invoices, loans, guarantees, breach of contract, and other debt claims.

Claims only for money, real property or personal property totalling $200,000 or less (excluding interest and costs) must use the simplified procedure; a plaintiff can also choose it for other claims. Oral examination is capped at three hours per party against all others combined, and trial is capped at five days.

Larger claims run under the ordinary procedure, with full documentary and oral discovery, no cap on trial length, and a jury available in the usual way.

A simplified procedure action is not tried with a jury. In claims for slander, libel, malicious arrest, malicious prosecution or false imprisonment, a party may deliver a jury notice, but the action then continues as an ordinary action.

Motor vehicle claims, occupiers’ liability and slip-and-fall, and professional negligence claims against lawyers, accountants and other professionals.

Wrongful and constructive dismissal and related claims. Note that since the Small Claims limit rose to $50,000, more dismissal claims now fit in Small Claims instead.

Title and boundary disputes, easements and rights of way, mortgage enforcement and possession, and claims over agreements of purchase and sale.

Shareholder and oppression claims, partnership disputes, commercial contract claims, and bankruptcy and insolvency proceedings.

Will challenges, passing of accounts, dependant support claims, and disputes between trustees and beneficiaries.

Where there is no substantial dispute of fact — interpreting a will, deed or contract, or seeking a declaration — the matter starts by Notice of Application rather than a Statement of Claim, and is decided on affidavits.

Interlocutory injunctions, preservation orders and other urgent relief, brought on motion with an affidavit record.

After judgment: writs of seizure and sale, garnishment, and examinations in aid of execution.

The basic limitation period is two years from the day the claim was discovered — when you knew, or a reasonable person should have known, that the loss happened, what caused it, who caused it, and that a court proceeding was the way to address it.

Regardless of discovery, no claim may be brought after the 15th anniversary of the act or omission complained of, subject to limited exceptions.

A Statement of Claim must be served within six months after it is issued. If the defendant cannot be found in time, you can ask the court to extend that period.

A Statement of Defence is due 20 days after service if the defendant was served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served anywhere else. Filing a Notice of Intent to Defend within that window adds 10 days.

Most civil actions start with a statement of claim (Form 14A), issued by the court office. It names the parties, sets out what is being asked for — the amount, interest and costs — and the facts the claim is based on.

If the limitation period is about to run out and there is no time to prepare a full claim, the action can be started with a notice of action (Form 14C). The statement of claim (Form 14D) must then be filed within 30 days after the notice is issued.

Since early 2026, unless a statute or rule says otherwise, a claim must be started in a county with a rational connection to the case — for example, where the events happened or where the parties live — and that county is named in the claim.

The issued statement of claim must be served on each defendant within six months, by personal service or an alternative the Rules allow.

The defendant answers with a statement of defence (Form 18A), admitting, denying or saying it has no knowledge of each allegation, and setting out its own version of the facts.

20 days after service if served in Ontario; 40 days if served elsewhere in Canada or the United States; 60 days if served anywhere else.

Delivering a notice of intent to defend (Form 18B) within the time to defend gives the defendant 10 more days to deliver the statement of defence.

A defendant can claim back against the plaintiff (counterclaim), claim against a co-defendant (crossclaim), or bring in someone else who should share responsibility (third party claim).

The plaintiff can have the defendant noted in default. A defendant noted in default is deemed to admit the facts in the claim and is not entitled to notice of later steps. A motion can be brought to set the noting in default aside.

A pleading sets out, in numbered paragraphs, the material facts relied on — not the evidence that will prove them.

A statement of claim states the relief being asked for, including any amount of money, interest and costs.

Allegations of fraud, misrepresentation, breach of trust, malice or intent must include full particulars.

A plaintiff who needs to answer something new raised in the defence delivers a reply within 10 days after the defence is served.