An overview of an important litigation milestone in a Plaintiff’s personal injury or medical malpractice case.
Being involved in a civil litigation matter, especially one concerning a serious personal injury or medical malpractice, can be a complex and overwhelming experience. For those seeking justice and compensation in Ontario, the legal journey begins with the Statement of Claim.
This article will explain what a Statement of Claim is, its key components, the filing process, and how to respond if you receive one in Ontario.
Statement of Claim Explained
The Statement of Claim is the document that starts a civil lawsuit, such as a personal injury or medical malpractice case. It is an “originating process”—a document that begins a proceeding under Ontario’s Rules of Civil Procedure.
The Statement of Claim is essential because it:
- Formally notifies the Defendant(s) that they have been sued;
- Sets out what the Plaintiff’s (or injured party’s) case is about;
- Specifies the damages being claimed by the Plaintiff(s);
- Identifies the scope of the legal dispute.
It is important to note that as of October 1, 2025, civil cases of up to $50,000 can be heard in the Small Claims Court. Matters exceeding that amount are heard in the Superior Court of Justice, where the Statement of Claim serves as the initiating document.
What Does the Statement of Claim Contain in Ontario?
Key details included in the Statement of Claim are:
- The names of the Plaintiff(s) and Defendant(s)
- A summary of the incident and resulting injuries
- The allegations made against the Defendant(s)
- An itemization of the damages claimed, including the financial and non-financial losses for which compensation is sought
The Statement of Claim is an important document, one that will inform later steps in the litigation process. It will be referred to and revisited time and again at many different stages of the case and must therefore be drafted with precision and care.
When is a Statement of Claim Issued?
In Ontario, per the Limitations Act, 2002, there is generally a two-year limitation period for starting a lawsuit. This deadline typically starts from the date the claim was "discovered" (or ought to have been discovered), not necessarily the date the incident occurred. However, limitation periods can be complex and may vary depending on the nature of the claim or the parties, such as if a minor or municipality is involved.
Rather than waiting for the two-year time limit to approach, however, when Bogoroch & Associates is retained to act for an injured party in a personal injury matter, or someone impacted by medical malpractice, we endeavour to issue a Statement of Claim at the earliest opportunity so that the case can proceed through the litigation process as quickly and efficiently as possible.
Filing a Statement of Claim in Ontario
Filing a Statement of Claim is a critical, multistep process that requires adherence to the Rules of Civil Procedure. The process involves several key stages:
- Issuing the Claim: The Statement of Claim must first be issued by the Court. This means a registrar will formally date, sign, and stamp it with the Court’s seal.
- Serving the Claim: Only after the claim has been issued can it be properly served on the Defendant(s).
- Adhering to Deadlines: The process of serving the claim must be completed within the time limit prescribed by the Rules of Civil Procedure.
What To Do if You Receive a Statement of Claim
It is crucial not to ignore a Statement of Claim. As a Defendant, you are allotted a limited timeframe to respond:
- If you were served in Ontario, you generally have 20 days from that date to serve and file a Statement of Defence.
- You can extend this period by 10 days (for a total of 30 days) by serving and filing a Notice of Intent to Defend.
The first and most important step upon receipt of a Statement of Claim is to seek legal counsel immediately. An experienced litigation lawyer can review the allegations, assess the merits of the claim, and ensure your response is prepared and filed correctly and on time.
Attempting to handle these court documents without legal guidance can result in costly errors with significant financial and/or legal ramifications.
What Happens if You Ignore a Statement of Claim in Ontario?
Ignoring a Statement of Claim has significant, often irreversible, consequences. Should you neglect to respond, the Court could proceed to note you in default.
Being noted in default means the Court can proceed as though you admit to the allegations made against you in the Statement of Claim. You forfeit the right to defend the claim or take part in the proceeding, and the Plaintiff may obtain Default Judgment against you without further notice or the need for a trial.
This Judgment can be enforced through various means, including:
- Garnishment of wages or bank accounts
- Seizure of assets
- Registration of a lien against property
Why You Should Hire a Lawyer for Issuing a Statement of Claim
The Statement of Claim is the cornerstone of a civil lawsuit, and any misstep in its preparation or response can be detrimental to your case. Retaining a skilled litigation lawyer is essential, whether you are the party issuing the claim or defending against it.
A litigation lawyer can help by:
- Ensuring Compliance: Making certain that your claim or defence adheres to the Rules of Civil Procedure.
- Developing Strategy: Identifying the most effective legal strategy for your unique case, from the initial drafting to the final resolution.
- Drafting with Precision: Preparing and reviewing your documents accurately to avoid delays or dismissal.
- Navigating Deadlines: Explaining and managing all deadlines, including the applicable limitation periods.
- Professional Representation: Representing your interests in all negotiations, mediations, and, if necessary, in the courtroom.
Contact Bogoroch & Associates LLP For Help With Your Statement of Claim
If you or your loved one has been injured in an accident or believes that you are a victim of medical malpractice or negligence, please contact any of our personal injury lawyers today. We can help you understand your rights and ensure your Statement of Claim is filed accurately and on time. Consultations are free, and we would be honoured to help you.
Bogoroch & Associates LLP is skilled in every aspect of personal injury and medical malpractice litigation. We can expertly advance your claim toward settlement or trial, helping you navigate the intricate medical, legal, and insurance issues.
Our commitment to excellence and established reputation are central to our practice. Managing Partner Richard M. Bogoroch has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and The Best Lawyers in Canada. Our firm, Bogoroch & Associates LLP, has also been recognized in Best Law Firms - Canada.
If you or a family member has been injured by an accident or thinks you may be a victim of malpractice or negligence, please reach out to our experienced lawyers to understand your legal options. Our team at Bogoroch & Associates LLP offers a free consultation. To arrange yours, call us at 1-866-599-1700 or visit our Contact page.
