Can a statement of claim be a demand for payment?
Alberta, Canada
The following excerpt is from Bancorp Growth Mortgage Fund Ltd. v. Lithium Developments Ltd., 2010 ABQB 757 (CanLII):
But that is by no means a complete answer to the defendant’s defence based on no demand for payment served on him. There are a number of cases on this point, reviewed and commented upon by Mr. Justice Graesser in Dushenski v. Lymer, 2010 ABQB 605. He cites a number of cases which I will not repeat here, for authority that a statement of claim can be treated as a demand for payment. In that case a promissory note provided that it is payable within 90 days of demand. The cause of action did not accrue until 90 days after demand had expired. The argument was rejected based on the authorities reviewed and adopted.
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