Civil Law
Page 1
Page 2
Page 3
 
Statement of Claim or Notice of Action
The filing of any Statement of Claim or Notice of Action is subject to any existing Statutory Limitation Period. You must inform our firm if it has been more than 1 year since the incident giving rise to the action took place.. If your matter does not violate any limitation periods, either a Notice of Action - a document that allows for an action to be initiated before submitting particulars regarding your claim - or a Statement of Claim, which particularizes your claim will be issued. The Statement of Claim will set out the issues of the case, the damages you are seeking, and the jurisdiction where your case will be heard.

Service of Documents
All documents must be filed within the court and served upon the other side.

Statement of Defense
If a Statement of Defence or a Notice to Defend is not received within 20 days of service of the Statement of Claim, a motion for Default Judgment will be made to the court. The Statement of Defence explains how the opposing party intends to defend the claim, and the Notice to Defend provides the party with additional time to complete their pleadings.

Default Judgment
A default judgment is a motion that can be brought if the opposing side failed to defend against the issues articulated in the Statement of Claim. The court will deem the facts set out in the Statement of Claim as true and render a judgment based on those facts.

Counterclaim, Crossclaims and Third Party Pleadings
Once a claim has been issued, the opposing party has the right to respond on the same facts indicating that they are entitled to damages. This is known as a Counterclaim. Furthermore, if the original Statement of Claim has more than one Defendant the two Defendants can sue each other, this is a Crossclaim. Finally if a party that was not originally involved in the original Statement of Claim takes issue with the Statement of Defence, they too can respond with a claim, this is a Third Party Claim.

Reply
A reply is a pleading which addresses issues that were raised in the Statement of Defense that were not addressed in the Statement of Claim.

Continued on Page 3
 
Name
Phone Number
E-mail Address
Your Inquiry is about
Message

Jason E. Bogle
Double B.A Hons LL.B
Barrister & Solicitor

137 Berkeley Street, Toronto ON M5A 2X1
Phone: 416.482.0799
Fax: 416.482.0792