03 Jun What is a Statement of Claim?
You may be an employee who has just experienced a wrongful dismissal, a constructive dismissal, workplace harassment and discrimination, etc. You could also be an employer with an employee not following company policies or harassing other employees in the workplace. In any case, whether you are an employer or employee, you may decide to take legal action. One of the first steps in a proceeding is filing a Statement of Claim pursuant to Ontario’s Rules of Civil Procedure.
A Statement of Claim commences an action, as it outlines why the plaintiff wants to commence a lawsuit against the defendant. It will include the facts of the case and the legal reasons why the plaintiff alleges they’ve experienced unlawful behaviour by the defendant. The plaintiff has a two-year period to originate this action from the time they are made aware of the violation.
The plaintiff’s Statement of Claim is created to be delivered to the defendant. The purpose of serving this document is to make the defendant aware that legal action has been pursued and why. Upon receiving the document, the defendant will have twenty days to receive legal counsel and respond with their Statement of Defence. If they choose not to respond, they are accepting the damages outlined by default. Meaning, the defendant is accepting the position and damages outlined by the plaintiff.
However, before serving the Statement of Claim to the defendant, it must first be issued by the court. Having the Statement of Claim “issued” means that it will be sealed by the court with a stamp of approval. This document will also include the court where it was issued, the court number, the filing date, the parties involved in the matter, who wrote the statement of claim, and signatures. The incorporation of all these characteristics is what creates a properly issued Statement of Claim.
When is a statement of claim considered well-drafted?
According to the laws outlined in Ontario’s Rules of Civil Procedure, the plaintiff must hire a lawyer to legally serve the defendant. KCY at LAW can efficiently write a well-drafted document and collect the relevant evidence to create a Statement of Claim that presents accurate facts and plausible intent.
A good Statement of Claim will include a clear report of the expected damages, a concise description of the facts of the case and the plaintiff’s reasoning for commencing the action, and lastly, the implicated parties and a description of their involvement in the matter. A Statement of Claim will not include evidentiary proof, case law, or the plaintiff’s opinion.
If you are an employer or employee who wants to commence a legal action against another party, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.