Promissory Notes: Negotiable Instruments Containing Express Terms Regarding Repayment | Lo Greco Law


Last Updated: August 23 2026

Question:What’s the difference between a demand note and a promissory note under Canadian law?

Answer:Lo Greco Law can help you understand whether a written promise to pay is a promissory note or a demand note, and what “on demand” means in practice; under the Bills of Exchange Act, R.S.C. 1985, c. B-4, s. 176(1), a promissory note is an unconditional written promise signed by the maker to pay a sum certain to a specified person or bearer on demand or at a fixed or determinable future time; a demand note is a form of promissory note that does not set a fixed due date and becomes payable when the holder requests payment; if you’re dealing with debt collection, enforcement risk, or a payment dispute in Ontario, contact (416) 488-4110 for 30+ year experienced lawyer services and LSO tribunal representation focused on practical next steps.

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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 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 Lo Greco Law by phone at: (416) 488-4110 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

Usual terms that may be shown upon a note include the principal amount due, the applicable interest rate, the parties to the note including a party who may be unspecified and simply known as a "bearer of note", 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 legal document that states a promise to pay a certain amount of money. A promissory note may take the form of a cheque, loan agreement, or other document, that serves as proof of an outstanding debt.

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