The Pleadings

A plaintiff will have a statement of claim issued by the Superior Court of Ontario by issuing the claim with the court. There are three levels of civil court; small claims court (claims up to $35,000), simplified procedure (claims up to $200,000) and ordinary rules (claims over $200,000). The statement of claim sets out the amount of the claim and the facts and allegations which make the defendant liable for that amount. Once a statement of claim is issued, the plaintiff has 6 months to serve it on the defendant. The defendant must then serve and file its statement of defence within 20 days of being served with the statement of claim. The statement of defence will set out the facts as to why the defendant is not liable for the amounts claimed. The plaintiff may then serve a reply on the defendant within 10 days which responds to the statement of defence. These documents collectively are called the pleadings. If a jury trial is desirable, a jury notice would be filed at this stage of the proceedings.