Supreme Court Rules 2000

If a writ is endorsed with a statement of claim – a further statement of claim is not to be filed or delivered; and the endorsement on the writ is taken to be the statement of claim.

Subject to subrule (1), a plaintiff is to file and deliver to each defendant a statement of claim – when the writ is served on the defendant; or at any time after service of the writ but before the expiration of 21 days after the defendant files a notice of appearance.

If a plaintiff who is required to deliver a statement of claim does not do so within the period of time allowed, the defendant, at the expiration of that period, may apply to the Court or a judge to dismiss the action with costs, for want of prosecution.

On the hearing of the application, the Court or a judge, if a statement of claim has not been delivered, may – order the action to be dismissed accordingly; or make such other order on such terms as the Court or judge thinks just.