Rule 7 – Commencement of Proceedings

Plaintiff’s Claim

7.01 (1) An action shall be commenced by filing a plaintiff’s claim (Form 7A) with the clerk, together with a copy of the claim for each defendant.  O. Reg. 258/98, r. 7.01 (1).

Electronic Filing of Claim

(1.1) If the plaintiff’s claim is filed electronically, the requirement to also file a copy of the claim for each defendant does not apply. O. Reg. 249/21, s. 2.

Contents of Claim, Attachments

(2) The following requirements apply to the claim:

1. It shall contain the following information, in concise and non-technical language:

i. The full names of the parties to the proceeding and, if relevant, the capacity in which they sue or are sued.

ii. The nature of the claim, with reasonable certainty and detail, including the date, place and nature of the occurrences on which the claim is based.

iii. The amount of the claim and the relief requested.

iv.  If the plaintiff is self-represented, the plaintiff’s address, telephone number and email address (if any).

iv.i  If the plaintiff is represented by a representative, the representative’s name, address, telephone number, email address (if any) and Law Society of Ontario registration number (if any).

v. The address where the plaintiff believes the defendant may be served.

2. If the plaintiff’s claim is based in whole or in part on a document, a copy of the document shall be attached to each copy of the claim, unless it is unavailable, in which case the claim shall state the reason why the document is not attached. O. Reg. 461/01, s. 5; O. Reg. 78/06, s. 9 (1); O. Reg. 56/08, s. 1; O. Reg. 230/13, s. 6.

(3) Revoked:  O. Reg. 78/06, s. 9 (2).

Issuing Claim

7.02 (1) On receiving a plaintiff’s claim, the clerk shall immediately issue it by dating, signing and sealing it and assigning it a court file number. O. Reg. 249/21, s. 3.

When Electronic Issuance Required

(2) A plaintiff’s claim that is filed electronically shall be issued electronically. O. Reg. 249/21, s. 3.

Copies of the Claim

(3) If a plaintiff’s claim is issued electronically,

(a)  the clerk shall save a copy of the issued claim in the court’s case tracking system; and

(b)  the issued claim shall be provided to the plaintiff in electronic format. O. Reg. 249/21, s. 3.

(4) If a plaintiff’s claim is not issued electronically, the original claim shall remain in the court file and the clerk shall give copies for service on the defendant to the plaintiff. O. Reg. 249/21, s. 3.