How to File a Statement of Claim in Ontario Superior Court (2026 Guide)

If your civil claim in Ontario is worth more than $50,000, or if the relief you need goes beyond what Small Claims Court can provide, you will need to file a Statement of Claim in the Ontario Superior Court of Justice. This is a more formal process than Small Claims, with stricter rules and higher stakes.

This guide covers how to draft, file, and serve a Statement of Claim in Ontario.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Ontario court rules are complex, and errors in procedure can have serious consequences for your case. For advice specific to your situation, consult a licensed lawyer or paralegal.

What Is a Statement of Claim?

A Statement of Claim is the document that starts a civil lawsuit (called an "action") in Ontario Superior Court of Justice. It is governed by Rule 14 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

The Statement of Claim tells the court and the defendant:

Who you are (the plaintiff) and who you are suing (the defendant)
What happened — the facts giving rise to your claim
Why the defendant is liable — the legal basis for your claim
What you want — the relief or remedy you are seeking (money, an injunction, a declaration, etc.)

The prescribed form is Form 14A.

When Do You Use a Statement of Claim?

You file a Statement of Claim when:

Your claim exceeds $50,000 (the Small Claims Court limit in Ontario)
You need relief that Small Claims Court cannot grant (injunctions, declarations, specific performance)
The nature of the claim requires Superior Court jurisdiction (certain trust, corporate, or estate matters)

If your claim is for $50,000 or less, Ontario Small Claims Court is typically the better option — it is faster, cheaper, and less procedurally complex.

Limitation Periods: The 2-Year Deadline

Before you file anything, check whether your claim is within the limitation period. In Ontario, the Limitations Act, 2002 imposes a basic limitation period of 2 years from the date you discovered (or ought to have discovered) your claim.

There is also an ultimate limitation period of 15 years from the act or omission that gives rise to the claim, regardless of when you discovered it.

If you file after the limitation period expires, the defendant can bring a motion to have your claim dismissed. This is one of the most common and most devastating mistakes a plaintiff can make.

For a province-by-province overview, see our guide to limitation periods across Canada.

How to Draft a Statement of Claim (Form 14A)

Part 1: The Title of Proceeding

The top of the form includes:

The court name (Ontario Superior Court of Justice)
The court address (the courthouse where you are filing)
The names of the parties — plaintiff(s) and defendant(s)

Part 2: The Claim

The body of the Statement of Claim is divided into sections:

A. The Parties

Identify each party with their full legal name, address, and role (plaintiff or defendant). For corporations, include the jurisdiction of incorporation.

B. The Facts

Set out the material facts in numbered paragraphs, in chronological order. Material facts are the essential events and circumstances that give rise to your claim. You must include enough facts to support each element of your cause of action.

For example, in a breach of contract claim, you must plead:

The existence of a contract (when, where, between whom, and the essential terms)
Performance by the plaintiff (you held up your end)
Breach by the defendant (how and when the defendant failed to perform)
Damages flowing from the breach (what you lost)

Important: You must plead facts, not evidence. "The defendant signed a written contract" is a fact. "I will rely on the contract attached as Exhibit A" is evidence — that goes in your affidavit, not your pleading.

C. The Legal Basis

State the legal rules or principles supporting your claim. You do not need to cite specific case law in the pleading, but you should identify the general basis: breach of contract, negligence, unjust enrichment, breach of fiduciary duty, etc.

D. The Relief Sought

State precisely what order or remedy you want from the court:

A specific dollar amount in damages
Pre-judgment and post-judgment interest under the Courts of Justice Act
Costs of the action
Any other specific relief (injunction, declaration, accounting)

Filing the Statement of Claim

Where to File

File at the Superior Court of Justice office in the county or district where:

The cause of action arose, or
The defendant resides or carries on business

Filing Fee

As of 2026, the filing fee for a Statement of Claim in Ontario Superior Court is $229. Check with the court office for the most current fee, as these change periodically.

How to File

You can file:

In person at the court office
By mail (send the original plus copies for each defendant, with a cheque or money order for the filing fee)
Electronically — Ontario has been expanding e-filing options. Check with your specific courthouse for availability.

The court office will issue (stamp and assign a court file number to) your Statement of Claim when it is filed.

Serving the Statement of Claim

After filing, you must serve the Statement of Claim on each defendant within 6 months of the date of issuance. If you do not serve within 6 months, the claim expires and you must obtain a court order to renew it.

Method of Service

A Statement of Claim must be served by personal service (Rule 16.02):

On an individual: physically handing the document to the person
On a corporation: serving a director, officer, or agent at the corporate office, or by leaving it at the registered head office with someone who appears to be in charge

Personal service must be carried out by someone other than the plaintiff. The person serving the document must complete an Affidavit of Service confirming the details.

After the initial Statement of Claim is personally served, subsequent documents in the litigation can be served by regular service (mail, fax, email, or document exchange) under Rule 16.05.

After Service: The Defendant's Options

Once served, the defendant has 20 days to deliver a Statement of Defence (or 40 days if served outside Ontario). The defendant may also:

File a counterclaim against the plaintiff
File a crossclaim against a co-defendant
File a third-party claim against someone not yet in the lawsuit
Bring a motion to strike or dismiss the claim

If the defendant does not deliver a defence within the required time, you may note the defendant in default and move to obtain a default judgment.

For more on responding to a claim, see our guide to Statements of Defence in Ontario.

Common Mistakes

Missing the limitation period — this is fatal to your claim. Count carefully from the date of discovery.
Vague or insufficient pleading — "The defendant breached the contract" is not enough. Plead the specific facts.
Pleading evidence instead of facts — the Statement of Claim is for facts. Evidence goes in affidavits and at trial.
Wrong defendant — verify the correct legal name. Suing a dissolved corporation or the wrong individual can destroy your case.
Failing to serve within 6 months — the claim expires if not served in time.
Not claiming interest and costs — if you do not claim them, you may not be entitled to them.

How ProSe Can Help

Drafting a Statement of Claim that meets Rule 14 requirements is one of the most challenging tasks for a self-represented litigant. The document must be properly structured, plead the material facts, and comply with the Rules of Civil Procedure.

ProSe helps self-represented litigants prepare properly formatted Statements of Claim through a plain-language questionnaire. Answer questions about your dispute, and ProSe generates a document ready for filing.

Start for free at BeProSe.ca — your first document costs nothing.

Key Resources

Ontario Rules of Civil Procedure — Rule 14, Form 14A — e-Laws Ontario (ontario.ca/laws)
Limitations Act, 2002 — ontario.ca/laws
Superior Court of Justice — Forms — ontariocourts.ca/scj/forms
Steps to Justice — Starting a Lawsuit — stepstojustice.ca

Last reviewed: April 2026. Rules of Civil Procedure references are to the consolidated regulation as of April 2026. Court fees are subject to change; verify current fees with the court office before filing.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or paralegal.