Promissory Notes:

Question: Is a demand note a promissory note, and when does it become due in Ontario?

Answer: A demand note is a promissory note that has no fixed maturity date, so it becomes due when the holder makes a demand for payment, unlike a common note that is payable at a fixed or determinable future time; under the Bills of Exchange Act, R.S.C. 1985, c. B-4, the note must be an unconditional promise in writing signed by the maker to pay a sum certain on demand or at a set time, and it typically lists the principal amount, interest terms (if any), the parties, and the repayment obligation.   If you are dealing with a demand note or trying to enforce or defend a debt in Ontario, the paralegal team at Anderson Aylwin Begg & Co. can help you organize the document, confirm what payment is owed, and prepare next steps for correspondence or small claims.   Book a consult at (905) 686-8080 to get practical guidance for your situation.

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Understanding What Constitutes As a Promissory Note and What Is Meant By a Demand Note Versus a Common Note

A promissory note is a written document in which one party (the issuer) makes an unconditional promise to pay a certain amount of money to another party (the payor). Under a promissory note, payment is due at the stated time or upon receiving a request for repayment. A promissory note will include information about any applicable terms, such as the rate of interest, if any, that may be accrued.

Note: Please contact Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 to discuss any specific questions that you may have.

The Law

The Bills of Exchange Act, R.S.C. 1985, c. B-4, addresses promissory notes as a form of financial instrument, along with currency, cheques, among other things, and specifically defines a promissory note as:

A promissory note is a contract between two parties, the borrower and the lender, where the borrower agrees to pay a certain amount of money to the lender at a specific time and under certain conditions. A bank note is a type of promissory note issued by a bank or other financial institution; but, it is backed by the assets of the bank which makes a bank note more secure than a regular promissory note.

Terms Upon Notes

A promissory note will typically include details of the principal amount due, the applicable interest rate, the parties involved including a "bearer of note" if a party is unspecified, the date of issue, the repayment terms, and the due date.

Payable Upon Demand

Demand notes are promissory notes without a specific due date as such a note becomes due upon demand of payment.

Summary Comment

A promissory note is a negotiable instrument and could consist as a cheque, loan agreement, or other document evidencing indebtedness.