How do you serve a statement of claim in Ontario?

Serving your claim The court will stamp and date your statement of claim. Once the court issues your statement of claim, you must personally give a copy to each named defendant within six months. This is called serving your claim.

How much does it cost to file a statement of claim in Ontario?

$229
A statement of claim, notice of action or notice of application, $229. ii. A third or subsequent party claim, $229.

What is a statement of claim in Canada?

The Statement of Claim delineates the nature of the claim, the facts establishing the claim, the allegations against the defendant respecting liability to the plaintiff and the amounts being sought for all heads of damage being claimed. Once filed, the plaintiff has 12 months to serve it on the defendant.

Can you serve a statement of claim via email in Ontario?

Serving a document by email Unless specified otherwise in the rules, you can email a document to a party or their representative to the last email address they gave you or if this email address was not provided, then their last known email address.

What happens if a defendant does not respond to a statement of claim?

No response This means the court will keep a record that says the defendant didn’t follow the rules because they didn’t file their Defence in time. To ask the court to note that the defendant is in default, complete a Request to Clerk (Form 9B). Give the completed form to a court clerk .

How long do you have to serve a statement of claim in Ontario?

within six months
How long does a plaintiff have to serve a statement of claim in the Ontario Superior Court of Justice? A plaintiff must serve the statement of claim within six months after it is issued. The answers to the question of the day are intended to provide helpful general information; however, it is not legal advice.

What is a Statement of claim example?

In an argumentative essay, “the death penalty should be abolished” is an example of a claim. Even scientific papers make claims, such as “Keyboards contain more germs than toilet seats”, which can be tested. These are called hypotheses.

What is included in statement of claim?

Your Statement of Claim or Particulars of Claim is the document which sets out what you are claiming and gives details of why you say you are entitled to a judgment from the court.

Who can serve a statement of claim?

1. Who Do I Serve a Statement of Claim to? You serve the person or company named as the defendant in the statement of claim.

What happens if you ignore statement of claim?

If you ignore the claim, the court will assume you agree with what the plaintiff is asking for. You may be ordered to pay money or give property to the plaintiff without having a chance to tell your side of the story.

What is the maximum amount you can sue for in Small Claims Court in Ontario?

$35,000
Overview. If believe you are owed money for the return of personal property, you can sue that person or business in Small Claims Court for $35,000 or less. For anything over $35,000, you need to go to the Superior Court of Justice.

How do you write a claim statement?

What Is a Main Claim Statement:

1. A claim must be arguable but stated as a fact. It must be debatable with inquiry and evidence; it is not a personal opinion or feeling.
2. A claim defines your writing’s goals, direction, and scope.
3. A good claim is specific and asserts a focused argument.

How do I write a court claim statement?

Before drafting your statement of claim have clear in head:

1. What is your cause of action-for example breach of contract.
2. What are the elements of your cause of action which you need to establish-for example that a legally binding contract was created.
3. What are the provable facts of your case to satisfy the cause of action.