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A Statement of Claim is the formal document that starts a civil lawsuit in Canadian courts. It tells your side of the story and explains exactly what you're asking the court to do - like ordering someone to pay damages or follow through on a contract.

The document must spell out the key facts of your case, your legal grounds for suing, and what you want as a remedy. Once filed with the court and properly served to the other party, they typically have 20 days to respond with a Statement of Defence. Missing these details or deadlines can seriously impact your case under Canadian civil procedure rules.

File a Statement of Claim when someone owes you money, breaks a contract, causes damage to your property, or infringes on your legal rights in Canada. This formal court document starts the legal process to recover what you're owed or fix a wrong that negotiations couldn't resolve.

Time matters - you need to file within specific deadlines, called limitation periods, which vary by province and type of case. For example, Ontario gives you two years for most civil claims. Starting early gives you better access to evidence and witnesses, plus it shows the court you're serious about protecting your rights.

• Affidavit of Claimant: A sworn statement supporting your Statement of Claim with detailed facts about your case. Your Statement of Claim can take different forms depending on the court level and case type - Simplified Procedure claims (under $200,000 in Ontario) need less detail than Standard claims. Small Claims Court uses a simpler form, while Superior Court claims require more comprehensive pleadings. Commercial disputes often include detailed schedules listing specific damages or contract breaches.

• Plaintiffs: Individuals, businesses, or organizations who file the Statement of Claim to start a lawsuit. They work with their lawyers to detail their legal rights and what they want the court to order.
• Lawyers: Draft and review the claims to ensure they meet court requirements and effectively present their client's case.
• Defendants: People or organizations being sued who must respond to the claims within strict timelines.
• Court Officials: Process and maintain the filed claims, ensure proper service, and manage the case through the legal system.

• Gather Evidence: Collect all relevant documents, photos, communications, and records that support your claim. Our platform helps organize these into a clear narrative.
• Identify Parties: List complete legal names and addresses of all defendants, ensuring they're correctly identified for proper service.
• Calculate Damages: Document specific amounts you're claiming, including detailed breakdowns of losses or damages.
• Check Deadlines: Verify the limitation period for your type of claim in your province.
• Draft Details: Use our platform to generate a legally sound Statement of Claim that includes all required elements and facts supporting each cause of action.

• Court Information: Full name and location of the court where you're filing, plus your court file number once assigned.
• Party Details: Complete legal names and addresses of all plaintiffs and defendants.
• Claim Summary: Brief overview of what happened and what you're asking the court to do.
• Material Facts: Clear timeline of events supporting your claim, organized in numbered paragraphs.
• Legal Basis: Specific laws or legal principles you're relying on.
• Relief Sought: Exact remedies you want, including specific dollar amounts for damages.
• Statement of Truth: Declaration that the facts stated are true, with date and signature.

A Statement of Claim differs significantly from a Witness Statement in both purpose and timing within the legal process. While both documents play crucial roles in civil litigation, they serve distinct functions and appear at different stages of a case.

• Purpose and Function: A Statement of Claim initiates a lawsuit and outlines your legal arguments and demands, while a Witness Statement provides factual testimony supporting evidence once the case is underway.
• Timing: You file a Statement of Claim at the very start of legal proceedings, but Witness Statements typically come later, during the evidence-gathering phase.
• Content Requirements: Statements of Claim must include specific legal grounds and remedies sought, while Witness Statements focus purely on first-hand observations and experiences.
• Legal Effect: A Statement of Claim formally starts court proceedings and requires a response, whereas a Witness Statement serves as evidence but doesn't trigger legal obligations.