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Material Facts Within Pleading
Involves Relevant Allegations Intended for Proof at Trial
Last Updated: August 28 2026
Question: What should I include in my Small Claims Court claim or defence to avoid having allegations struck in Ontario?
Answer: Wennekers.Legal™ can help you draft Small Claims Court or Superior Court pleadings that include only material facts with reasonable certainty and detail (not evidence, micro-detail, or attacks that are irrelevant, scandalous, embarrassing, or unprovable) so your claim or defence aligns with Rules of the Small Claims Court, O. Reg. 258/98 Rule 7.01(2) for the claim and Rule 9.01(2) for the defence, and with Rules of Civil Procedure, R.R.O. 1990, Reg. 194 Rule 25.06(1) requiring a concise statement of material facts without evidence, as explained in Stedfasts Inc. v. Dynacare Laboratories 2020 ONSC 8008 (material facts must be provable and capable of affecting the determination, while pleading evidence or “atmosphere” can be struck). If you’re unsure what counts as a material fact or what wording to remove, call (647) 701-1162 to review your draft with Ontario legal professionals.
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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.
Note: Please contact Wennekers.Legal™ by phone at: (647) 701-1162 to discuss any specific questions that you may have.
The Law
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, address the requirement of detail within pleading documents. 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 quantity of online searches featuring “lawyers near me” or “best lawyer in” typically indicates an urgent need for skilled legal assistance rather than a precise job title. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, granting them the authority to represent clients in specific litigation issues. Central to their responsibilities are advocacy, legal analysis, and procedural expertise. Wennekers.Legal™ provides legal representation within its licensed authority, focusing on strategic positioning, the preparation of evidence, and persuasive advocacy designed to secure efficient and positive outcomes for clients.
