What are 'pleadings' in an Ontario civil lawsuit?

Pleadings are the formal written documents that define the dispute between the parties at the outset of a lawsuit. In Ontario civil litigation, pleadings typically include the statement of claim (the plaintiff's document setting out their allegations) and the statement of defence (the defendant's response). If there is a counterclaim, crossclaim, or third party claim, those documents are also part of the pleadings.

The pleadings serve a critical function: they tell both the court and the opposing party what the case is about, what facts are in dispute, and what legal theories are being advanced. Courts generally hold parties to their pleadings — if you want to rely on a particular fact or legal argument at trial, it generally must be set out (or at least implied) in your pleadings.

Pleadings must be based on facts, not speculation. While you do not include evidence in a pleading, you must plead the material facts that, if proven, would entitle you to the relief you are seeking. Pleadings in Ontario follow a prescribed format under the Rules of Civil Procedure. Getting them right at the start shapes the entire case, which is why legal assistance in drafting them is valuable.