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Legal Notice: Statement of Claim

This document is a statement of claim filed with the Ontario Superior Court of Justice. It names [Plaintiff Name] as the plaintiff and [Defendant Name] as the defendant in a legal proceeding. It informs the defendant that they have been commenced against in a claim and must prepare and file a statement of defense within 20 days if served in Ontario or risk default judgment. It also provides notice that the action will be dismissed if not set for trial or terminated within 5 years. The plaintiff is claiming relief as stated in paragraph 1 and alleges facts to substantiate the claim in consecutively numbered paragraphs.

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Alwin Delgado
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675 views3 pages

Legal Notice: Statement of Claim

This document is a statement of claim filed with the Ontario Superior Court of Justice. It names [Plaintiff Name] as the plaintiff and [Defendant Name] as the defendant in a legal proceeding. It informs the defendant that they have been commenced against in a claim and must prepare and file a statement of defense within 20 days if served in Ontario or risk default judgment. It also provides notice that the action will be dismissed if not set for trial or terminated within 5 years. The plaintiff is claiming relief as stated in paragraph 1 and alleges facts to substantiate the claim in consecutively numbered paragraphs.

Uploaded by

Alwin Delgado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Court File No.

ONTARIO
SUPERIOR COURT OF JUSTICE

B E T W E E N:

(name)

Plaintiff

and

(name)

Defendant

STATEMENT OF CLAIM
TO THE DEFENDANT

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made
against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a
statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff’s lawyer or,
where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service in this court
office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario.

If you are served in another province or territory of Canada or in the United States of America, the period for
serving and filing your statement of defence is forty days. If you are served outside Canada and the United States
of America, the period is sixty days.

Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in
Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to
serve and file your statement of defence.

IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN
YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS
PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU
BY CONTACTING A LOCAL LEGAL AID OFFICE.

(Where the claim made is for money only, include the following:)

IF YOU PAY THE PLAINTIFF’S CLAIM, and $. for costs, within the time for serving and filing your
statement of defence you may move to have this proceeding dismissed by the court. If you believe the amount
claimed for costs is excessive, you may pay the plaintiff’s claim and $400 for costs and have the costs assessed by
the court.
TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for
trial or terminated by any means within five years after the action was commenced unless otherwise ordered by
the court.

Date ........................................................................... Issued by ...........................................................................


Local registrar
Address of
court office.........................................................................

.........................................................................

TO (Name and address of defendant)


AND TO: (Name and address of defendant)
CLAIM
1. The plaintiff claims: (State here the precise relief claimed.)
(Then set out in separate, consecutively numbered paragraphs each allegation of material fact relied on to
substantiate the claim.)
(Where the statement of claim is to be served outside Ontario without a court order, set out the facts and the
specific provisions of Rule 17 relied on in support of such service.)
The Plaintiff the trial of this action to be in the City of Toronto.

(Date of issue)

JEFF T. MITCHELL
Lawyer for the Plaintiff (LSO No. xxxxx)

NOVA Injury Law


1475 Bedford Highway, Suite 202
Bedford, NS B4A 3Z5
Tel.: (902) 442-8853
Fax: (902) 701-3788
jeff@novainjurylaw.com

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