The demand letter went unanswered
You gave a fair deadline, it passed, and the other side has gone quiet or said no.
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.




A statement of claim names who you are suing, sets out the facts you rely on, and says what you want: an amount of money, interest, costs, or another remedy. The court issues it, and then it has to be served on every defendant.
In the Superior Court of Justice it is Form 14A. In Small Claims Court the same job is done by a plaintiff's claim, Form 7A. Either way, the claim fixes the case you have to prove, so the parties, the amount and the facts have to be right before it is filed.
You gave a fair deadline, it passed, and the other side has gone quiet or said no.
Close to two years have passed since the loss, and starting the claim is the only thing that protects it.
The claim is too large for Small Claims Court and has to start in the Superior Court of Justice.
The other side is selling assets, closing the business or leaving, and waiting would make a judgment harder to collect.
The basic limitation period is two years from the day you knew, or ought to have known, about the loss and who caused it. Some claims have shorter periods, and none can start more than 15 years after the events.
The amount decides the court. Small Claims Court hears money claims of $50,000 or less, not counting interest and costs. Since July 1, 2024, a claim that size can only start in the Superior Court with that court's leave. Above $50,000 the claim goes to the Superior Court, and claims of $200,000 or less follow its simplified procedure.
Once issued, a statement of claim has to be served within six months. A Small Claims plaintiff's claim has the same six months.
Source: Limitations Act, 2002, ss. 4, 5 and 15; Courts of Justice Act, s. 23; O. Reg. 626/00, s. 1; Rules of Civil Procedure, rr. 14.08 and 76.02; Rules of the Small Claims Court, r. 8.01(2).
We size the claim, decide between Small Claims and the Superior Court, and pick the court office the rules allow.
We name each defendant by its exact legal name and plead the facts, the amount, and the interest claimed.
We file it with the court, then have it served on every defendant inside the six months the rules allow.
If they defend, we plan the next steps. If they don't, we move to note them in default and ask for judgment.
Gather what you have. A missing document is no reason to wait, least of all with a deadline running.
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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.
Prejudgment interest on the amount you are claiming, at the rates the Ministry of the Attorney General publishes each quarter, with the arithmetic shown.
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