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Material Facts Within Pleading
Involves Relevant Allegations Intended for Proof at Trial
Last Updated: July 05 2026
Question: What should I include and avoid in my Ontario Small Claims Court claim or defence so it only pleads material facts and not evidence or irrelevant, scandalous statements?
Answer: Vescio Legal Services helps Ontario clients draft or revise Small Claims Court pleadings and defences with only concise material facts (not evidence, proof details, character attacks, or irrelevant or embarrassing allegations), because the rules require “concise and non-technical” material detail of the nature and timing of the occurrences in the claim under O. Reg. 258/98, Rule 7.01(2) and a concise statement of the reasons for disputing under O. Reg. 258/98, Rule 9.01(2) and the Civil Procedure rules require a pleading to contain concise statements of material facts, but not evidence, under R.R.O. 1990, Reg. 194, Rule 25.06(1) and courts may strike pleadings that are immaterial or used only to create atmosphere or cast the other side in a bad light, as explained in Stedfasts Inc. v. Dynacare Laboratories, 2020 ONSC 8008 If you want to minimize delays and improve how your case is framed for the judge, call (416) 400-8255 to discuss what facts belong in your document.
Factual Details Required Within Pleadings
The details stated within a lawsuit document, being either a claim or defence, must proper accord with court rules. Details within a lawsuit document may be improper if irrelevant, if scandalous, if embarrassingly containing details that shine a poor light on other persons, or if inherently unprovable. Improper allegations should be struck out and removed figuratively or even literally.
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 explained in the Stedfasts case, which was a case within the full Superior Court, the pleading of evidence, meaning the details explaining how material facts will be proven is considered inappropriate and unnecessary micro detail and is expressly prohibited by the Rules of the Civil Procedure. More simply said, stating material facts is proper; however, stating details about the evidence will be used to prove a material fact is improper. Interestingly, the Rules of the Small Claims Court are silent about pleading evidence, meaning lacking a prohibition against pleading evidence; however, pleading of evidence does, generally, remain improper. Additionally, in the rare circumstance where a Small Claims Court case becomes transferred to the full Superior Court, if the Small Claims Court pleading document contains pleadings of evidence, and thereby offending to the Rules of Civil Procedure, problems may arise.
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 considerable amount of online searches featuring “lawyers near me” or “best lawyer in” typically indicate a desire for prompt and proficient legal support instead of a particular professional designation. In Ontario, licensed paralegals are overseen by the same Law Society that governs lawyers and have the authority to represent clients in specific litigation issues. Key components of that role include advocacy, legal analysis, and procedural expertise. Vescio Legal Services provides legal representation within its licensed scope, focusing on strategic positioning, evidentiary preparation, and compelling advocacy intended to achieve efficient and beneficial outcomes for clients.