Promissory Notes: Negotiable Instruments Containing Express Terms Regarding Repayment | Vescio Legal Services


Last Updated: August 22 2026

Question:Do I have a promissory note or a demand note, and when does payment become due in Ontario?

Answer:To determine whether your document is a promissory note or a demand note in Ontario, look for an unconditional written promise to pay a specified sum, the maker’s signature, and whether it is payable “on demand” versus at a fixed or determinable future time; a demand note has no specific due date and becomes due when the holder makes a demand for payment.   If you need help reviewing the wording, parties, and repayment terms (including interest) for enforceability and next steps, Vescio Legal Services can help as a paralegal firm serving clients across Ontario, including Toronto and surrounding communities, and you can call (416) 400-8255 to book a free 15-minute consultation today.

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

Promissory Notes: Negotiable Instruments Containing Express Terms Regarding Repayment A promissory note is a legal document that binds one party (the issuer) to pay a specified amount of money to another party (the payor). The payor is legally obligated to make payment at the predetermined time or upon receiving a demand for repayment from the issuer. A promissory note will detail any applicable terms, including the rate of interest, if applicable, that may be accrued.

Note: Please contact Vescio Legal Services by phone at: (416) 400-8255 to discuss any specific questions that you may have.

The Law

The Bills of Exchange Act, R.S.C. 1985, c. B-4, governs financial instruments such as currency, cheques, among other things, and defines a promissory note as:


176 (1) A promissory note is an unconditional promise in writing made by one person to another person, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer.

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.

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