Statement of Claim

Everything you need to know about getting a Statement of Claim over Goodlawyer.

  1. What is a Statement of Claim?
  2. Pricing and Scope
  3. What is the Process?
  4. Why does my business need these documents?
  5. Frequently Asked Questions
  6. Book your Statement of Claim

 


What is a Statement of Claim?

A Statement of Claim is a legal document filed with the Courts to initiate a lawsuit. It describes the issue at hand, the legal basis for the claim, and the remedy that is being requested. After the document is filed, the government will send a copy to the defendant, who will have a set number of days to respond by accepting the accusations and the proposed remedy, filing a Statement of Defense and agreeing to proceed with the lawsuit, or filing a counterclaim.

Statements of Claim are powerful documents for entrepreneurs and can prevent larger businesses and unscrupulous competitors from taking advantage of them. If the Statement of Claim is strong and clearly written, the defendant is likely to settle outside of court and expensive litigation can be avoided for everyone.

 


Pricing and Ccope

$1,500 + Tax + Court filing fees

  • $1,250 Legal fee
  • $250 Service fee
  • * Does not include government fees (these are generally $100 - $400)
  • This price is based on a basic Statement of Claim and is subject to additional fees if your matter is more complex. Your lawyer will always clarify any additional costs for your approval

Included

  • Project kick-off call to gather information, advise you, and answer questions
  • One customized Statement of Claim
  • One round of minor revisions if necessary

Not Included

  • Court and/or government filing fees (range between $100 - $400 depending on jurisdiction)
  • More than one Statement of Claim
  • Additional work or questions following the delivery of the Statement of Claim
  • Major revisions or rewriting of the Statement of Claim throughout, or after the project
  • Arbitration between parties on your behalf

Your lawyer may recommend additional services on or after your call. Your approval for any additional work is always required and you will never be billed for services you didn't agree to.



Why book a Statement of Claim?

Make a strong opening statement.

A well-written Statement of Claim will encourage the defendant to settle outside of court, saving you time and money.

Rely on experience.

Good Lawyers have done this work many times before and can help you understand the process. They know what to include, what not to include, and what to expect throughout your Claim.

Make things right.

The court system was created to protect Canadians. Filing a Statement of Claim is the critical first step to correcting injustice and receiving compensation for the damages you’ve suffered.

 


What is the process?

  1. Book a call. Pick a time to discuss your Statement of Claim with a Good Lawyer.
  2. Design your Statement. Help your lawyer understand the situation and the goals of your letter. Your lawyer will determine what wording you need in your Statement of Claim and draft something tailored to your needs.
  3. Your Statement Will be Filed. Your lawyer will file the Statement of Claim on your behalf.

 


Frequently Asked Questions

Is the procedure the same provincially and federally?

For the most part, yes. The exact names of the documents involved can be different and filing fees can vary, but the procedure is generally the same. Your lawyer will inform you of these differences during your kickoff call.

What happens after the claim is filed?

The defendant will receive a copy of the claim, along with a description from the court regarding what to do next. Timelines can vary, but a response is generally expected within 20 - 40 days. The defendant can respond with either a Statement of Defense, which will initiate the court process, a Demand for Notice, which means they have accepted your terms and will be fulfilling them within a specific time period, or a Statement of Counterclaim, which means they believe they are owed compensation from you instead.

What do I do if I receive a Statement of Claim?

If you receive a Statement of Claim then you are the defendant. At this point, it is highly recommended that you consult with a lawyer through an Advice Session to get their opinion on how to proceed. You will have to respond with either a Statement of Defense, a Demand for Notice, or a Statement of Counterclaim. A good litigation lawyer will help you determine what’s best for your situation.

How long do Statements of Claim take to draft?

Typically, from the time of your kick-off call you can expect to have your Statement of Claim within 2 weeks. This is because Statements of Claim often require significant legal research and must be drafted with extreme care and surety.

Will my lawyer file my Statement of Claim?

Yes, your lawyer will file the Statement on your behalf. They will also pay the government filing fees, which will be added to the total price of the service.

What are the filing fees?

Filing fees depend on a number of factors, including the number of Statements that you file each year and the size of the claim. As a rule of thumb, they fall between $100 and $300. The good news is that a successful claim often transfers this fee to the defendant, meaning this cost will be reimbursed eventually.

Do I need a lawyer in my province?

No, not necessarily. Any experienced litigation lawyer can create a Statement of Claim or Defence for you. However, if the opposing party decides to settle in court or if the situation escalates, you would likely be better suited working with local lawyer in your province.

 


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Initiate your claim with the courts.

Book a Statement of Claim

 

Your lawyer will assess your situation and make sure this is the correct service for your needs.

Still have some questions?

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