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Statements of Claim

Statement of Claim Lawyer in Toronto

When a demand goes unanswered, a statement of claim starts the lawsuit. We pick the right court, name the right defendant, and draft, issue and serve the claim inside the deadline.

787+
Successful wins
895+
Clients served
What we do

Claims we start

Debt and unpaid invoicesMoney owed under a deal
Breach of contractWork, goods, or payment
Property damageLoss someone else caused
Small ClaimsPlaintiff's claims up to $50,000
Superior CourtClaims above $50,000
How it works

A clear path, start to finish.

01

Choose the court

We size the claim, decide between Small Claims and the Superior Court, and pick the court office the rules allow.

02

Draft

We name each defendant by its exact legal name and plead the facts, the amount, and the interest claimed.

03

Issue and serve

We file it with the court, then have it served on every defendant inside the six months the rules allow.

04

Follow through

If they defend, we plan the next steps. If they don't, we move to note them in default and ask for judgment.

In their words

Represented, and heard.

“Great lawyer to work with. Very responsive and accountable. Highly recommended!”
A. Singh · Google review
“Telesh Law Firm provides outstanding legal services. The team is highly knowledgeable — I would highly recommend.”
A.M · Google review
Common questions

Answers, in plain language.

The amount decides. Small Claims hears money claims of $50,000 or less, not counting interest and costs, and since July 2024 a claim of that size can only start in the Superior Court with that court's permission. Above $50,000, you sue in the Superior Court, and claims of $200,000 or less follow its simplified procedure.

Generally two years from the day you knew, or should have known, about the loss and who caused it. That is the basic limitation period in the Limitations Act, 2002. Some claims have shorter deadlines, and none can be brought more than 15 years after the events, so check early.

The defendant has a fixed time to defend: 20 days if served in Ontario. In the Superior Court that is longer for a defendant served outside Ontario, and a notice of intent to defend adds 10 days. If no defence arrives, you can ask to have the defendant noted in default.

On a claim for a fixed sum of money, such as an unpaid invoice, the court office can sign default judgment without a hearing once the defendant is noted in default. Other claims need a motion or a hearing to set the amount. Either way, a judgment then has to be enforced to turn into money.

Usually not, but it often settles the matter for less. If the limitation date is close, we skip the letter and start the claim.

Free tool

Small Claims interest calculator

Prejudgment interest on the amount you are claiming, at the rates the Ministry of the Attorney General publishes each quarter, with the arithmetic shown.

Open the calculator
Speak with counsel

Book a consultation.

Consultations available in eight languages.