Last Updated: August 22 2026
How should material facts be written in a Small Claims Court claim or defence in Ontario?
Gutoski Legal Services helps Ontario paralegals and self-represented litigants draft Small Claims Court pleadings that include the nature of the claim or reasons for the defence “with reasonable certainty and detail,” while avoiding irrelevant, scandalous, embarrassing, or unprovable statements that can be struck; for example, keep to material facts and do not plead evidence, because the Rules require a concise statement of material facts without evidence (Small Claims Court: O. Reg. 258/98, Rule 7.01(2) and Rule 9.02(1)) and Civil Procedure: R.R.O. 1990, Reg. 194, Rule 25.06(1) and courts like Stedfasts Inc. v. Dynacare Laboratories, 2020 ONSC 8008 explain that a pleading may be struck if it is designed only to cast the other side in a bad light or if it pleads evidence or immaterial facts If you share your draft, Gutoski Legal Services can point out what to keep and what to cut to reduce strike risk, call (289) 902-0227 to get started.
Add this website to Google Preferred Sources
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 Gutoski Legal Services by phone at: (289) 902-0227 to discuss any specific questions that you may have.
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 significant quantity of online searches for “lawyers near me” or “best lawyer in” typically indicate a necessity for prompt, competent legal assistance rather than a precise job title. In Ontario, licensed paralegals fall under the regulation of the same Law Society that governs lawyers, empowering them to represent clients in specific litigation matters. Advocacy, legal analysis, and procedural expertise form the cornerstone of this role. Gutoski Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and compelling advocacy directed towards attaining efficient and advantageous outcomes for clients.
