Commencing a Claim in Ontario: One Single‑Entry Point
Insight By
Ontario is moving to a simpler way to start civil cases. Instead of choosing between an action or an application, parties will use a single entry point. Below, we explain why this change is proposed, what it looks like, what the consultation said, and what is recommended, so you can spot the practical impacts quickly and plan with confidence.
The Need for Change
The current system forces claimants to pick between two different originating processes—actions or applications. That choice often trips up self‑represented litigants and even creates avoidable motion work for counsel when matters must be converted later. On top of that, many statements of claim are overly long or unclear and do not specify the causes of action, which spawns framing disputes, added cost, and delay. The proposal tackles both problems at the front door.
The Proposed Reforms
A single point of entry will be created using a standard, fillable Claim Form that generates a Notice of Claim. The format is designed to be accessible online (with paper alternatives available).
The Notice of Claim will include the essentials now seen in statements of claim or notices of application: party details, relief sought (mapped to specific defendants where relevant), statement of material facts, any statutes relied on, and information for extra‑provincial service. For non‑Application Track matters, it will also list the specific causes of action pleaded.
Appendix “A” will capture case‑management data: presumptive track (Application, Summary, or Trial), the legal nature of the proceeding, a brief 250‑word case summary, pre‑litigation protocol status, and Crown notice details where applicable.
Experienced counsel can bypass the guided Q&A and file a bespoke Notice of Claim, provided all required content is included.
To reduce limitation‑period risk, the Rules will clarify that time bars continue to turn on the underlying facts, not the labels chosen for causes of action. Amendments adding causes of action based on the same facts should not be statute‑barred.
Similar guided forms will be developed for defences, third‑party claims, and more.
This shift puts substance ahead of form, helps stream matters to the right track early, improves the Court’s ability to manage cases, and standardizes the data needed to build timetables and measure system performance.
Consultation Feedback
Feedback was broadly supportive. Stakeholders highlighted easier access to justice, fewer errors at filing, and quicker progression, especially for self‑represented litigants. Consultees asked that non‑digital options remain available; the proposal does so by keeping paper formats and recommending Civil Law Information Centres to mirror family law supports. Some were concerned about complexity in larger cases and about requiring causes of action to be pleaded. In response, the proposal (a) keeps the advanced drafting route for counsel and (b) will provide a non‑exhaustive list of common causes of action plus an “other” field, while preserving the facts‑based approach to limitations.
Recommendations
Replace the Notice of Action and Notice of Application with one originating process: the Notice of Claim.
Launch an online, guided Claim Form (plus paper options) that produces a Notice of Claim with an accompanying Appendix “A” for case‑management data.
Although outside the Rules themselves, establish Civil Law Information Centres across the province to support litigants in using the new forms and processes.
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disclaimer
This article shares general information and insights. It is not legal advice, and reading it does not create a solicitor–client relationship.
