What does 'close of pleadings' mean in an Ontario lawsuit?
"Close of pleadings" refers to the point in Ontario civil litigation at which all the pleadings have been exchanged between the parties and the issues in dispute are defined. After the statement of claim, statement of defence, and any reply or counterclaim documents have been filed and served, the pleadings are considered closed.
The close of pleadings is significant because many steps in the litigation are triggered by it. For example, the obligation to serve an affidavit of documents arises after pleadings close. The timeline for conducting examinations for discovery typically runs from the close of pleadings. It marks the formal transition from defining the dispute to investigating and proving it.
In practice, pleadings sometimes stay "open" longer than expected if parties are seeking particulars, amending documents, or adding parties. Case management judges can set firm deadlines for closing pleadings if parties are dragging their feet. Once pleadings close and discovery begins, litigation enters its most resource-intensive phase, and having clear, complete pleadings from the start makes everything that follows more efficient.
Key takeaways
- Close of pleadings is the point when all parties have exchanged their formal documents.
- It triggers timelines for document production and examinations for discovery.
- Well-drafted pleadings from the start make the post-pleadings phase more efficient.
- Courts can impose deadlines to close pleadings if parties are causing delay.