True or False: A statement of claim is issued when the notice of action is the originating process.

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

The correct response is that the statement of claim is not issued when the notice of action serves as the originating process, making the assertion false. The notice of action is a different document from a statement of claim; it serves to notify the opposing party that a legal proceeding has been initiated, but it does not lay out the specific details of the claim.

In civil proceedings governed by the Rules of Civil Procedure in Ontario, a statement of claim is one type of initiating document that outlines the plaintiff's allegations and the basis for the claim. If a notice of action is filed instead of a statement of claim, it typically happens in specific scenarios, such as when a plaintiff is seeking to start certain statutory actions which do not require a full statement of claim to be issued at the outset.

While the court may require certain procedural steps to be followed in initiating an action, the relationship between a notice of action and a statement of claim is clear: one is not a precursor to the other in a way that would make them interchangeable or imply that a statement of claim must be issued simply because a notice of action is filed first. Thus, the original assertion that a statement of claim is issued when a notice of action is the originating process is incorrect.

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