Yes No Share to Facebook
Material Facts Within Pleading
Involves Relevant Allegations Intended for Proof at Trial
Last Updated: July 02 2026
Question: What can a Lawyer & Paralegal at Olson Craig Legal help me include (and avoid) when drafting a Small Claims Court claim or defence in Ontario, so my pleading won’t be struck?
Answer: A Lawyer & Paralegal at Olson Craig Legal in Ontario can help you draft a proper claim or defence by focusing on concise, non-technical material facts only, and avoiding irrelevant, scandalous, embarrassing, or purely prejudicial “atmosphere” statements that can lead to the offending parts being struck. Under the Rules of the Small Claims Court, O. Reg. 258/98 and the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, pleadings must state the nature of the claim or the reasons for the defence with reasonable certainty and detail, while not pleading evidence or micro-details about how facts will be proven. Courts treat “material” facts as those that can affect the determination of your rights, and they may strike pleadings that try to cast the other side in a bad light or include unverifiable matters; for example, the approach described in Stedfasts Inc. v. Dynacare Laboratories, 2020 ONSC 8008 explains that immaterial facts or evidence-like pleading may be struck. To review your draft and tighten it for compliance, call (226) 886-2001 for assistance across Ontario.
Factual Details Required Within Pleadings
What is said within a lawsuit document must be proper to the lawsuit process. Statements within a lawsuit document may be improper if irrelevant, if scandalous, if embarrassing such as statements that merely shine a negative light on other persons, or statements that are inherently unprovable. Where allegations are improper, the allegations should be struck.
The Law
Both the Rules of the Small Claims Court, O. Reg. 258/98 as well as the Rules of the Civil Procedure, R.R.O. 1990, Regulation 194, provide rules addressing the level of detail required within a proper lawsuit document. Specifically, the Rules of the Small Claims Court and the Rules of the Civil Procedure state:
7.01 (2) The following requirements apply to the claim:
1. It shall contain the following information, in concise and non-technical language:
...
ii. The nature of the claim, with reasonable certainty and detail, including the date, place and nature of the occurrences on which the claim is based.
9.02 (1) The following requirements apply to the defence:
1. It shall contain the following information:
i. The reasons why the defendant disputes the plaintiff’s claim, expressed in concise non-technical language with a reasonable amount of detail.
25.06 (1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.
As per the various rules of procedure provided above, pleading documents, whether as claims or defences, are to provide a concise stating of the material facts. What constitutes as a material fact, and restrictions on the manner in which a material fact should be pleaded were explained in the case of Stedfasts Inc. v. Dynacare Laboratories, 2020 ONSC 8008, wherein it was said:
[30] Material facts include facts that the party pleading is entitled to prove at trial, and at trial, anything that affects the determination of the party’s rights can be proved; accordingly, material facts includes facts that can have an effect on the determination of a party’s rights.[6] A fact that is not provable at the trial or that is incapable of affecting the outcome is immaterial and ought not to be pleaded.[7] A pleading of fact will be struck if it cannot be the basis of a claim or defence and is designed solely for the purposes of atmosphere or to cast the opposing party in a bad light.[8] As described by Riddell J. in Duryea v. Kaufman,[9] such a plea is said to be “embarrassing”.
[31] “Material” facts include facts that establish the constituent elements of the claim or defence.[10] The causes of action must be clearly identifiable from the facts pleaded and must be supported by facts that are material.[11]
[32] A pleading shall contain material facts, but it should not contain the evidence by which those facts are to be proved.[12] Pleadings of evidence may be struck out.[13] The prohibition against pleading evidence is designed to restrain the pleading of facts that are subordinate and that merely tend toward proving the truth of the material facts.[14]
As per Stedfasts, a case proceeding in the full Superior Court, pleading evidence, meaning pleading the factual details as to how the material facts will be proven, is micro detail and is prohibited by the Rules of the Civil Procedure. Simply said, alleging a material fact is proper; however, alleging the evidence that is available to prove the material fact is improper. Furthermore, while the Rules of the Small Claims Court are silent about the impropriety of pleading evidence, doing so remains frowned upon. Furthermore, if a Small Claims Court case is, for some unforeseen reason, transferred to the full Superior Court, a Small Claims Court pleading that contains pleadings of evidence, may become problematic in addition to improper.
Conclusion
The rules of pleading should be carefully adhered to. Pleadings, whether as a claim document or as a defence document, should contain only material facts without stooping to using a pleading document to engage in character attacks or for making prejudicial statements. Only statements that are relevant should be contained within a pleading.
NOTE: A significant number of online searches featuring “lawyers near me” or “best lawyer in” frequently indicate a need for prompt, proficient legal assistance rather than a particular designation. In Ontario, “licensed paralegals” are governed by the same Law Society that supervises lawyers and have the authority to represent clients in specific litigation cases. Advocacy, legal analysis, and procedural expertise are crucial aspects of this role. Olson Craig Legal provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy designed to secure efficient and advantageous outcomes for clients.