Can a statement of claim serve as the demand?
Alberta, Canada
The following excerpt is from First Capital (Lakeview) Corporation v Kitchen Pantry Ltd, 2016 ABQB 513 (CanLII):
Where a demand is not a condition precedent, the statement of claim can serve as the demand: Morrow v. Alberta (Provincial Treasurer), 1985 ABCA 120. If a demand is a condition precedent, and if no demand was made, the creditor can discontinue the action, start a new one, and the limitation period will not have run.
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