If you have been injured in an accident in Ottawa or elsewhere in Eastern Ontario and are taking legal action, you will hear your lawyer talk about “pleadings”. Many have heard this term, but many don’t know exactly what this means and entails.
Simply put, pleadings are the documents the officially start a lawsuit and define what the case is about. They tell the court:
- What happened
- Who is being sued
- What each side is claiming
- What issues need to be resolved
Pleadings are one of the first steps in an Ontario lawsuit. In this blog, we will discuss exactly what pleadings are, why they are important what you should know about them if you are perusing a personal injury claim.
The Starting Point of Your Case in Ontario
When you decide to pursue a personal injury lawsuit in Ontario, the legal process is governed by the Rules of Civil Procedure. The process begins with a set of formal written documents called pleadings.
Pleadings set the stage for the lawsuit. Think of them as the roadmap for the case. They tell the court the basic facts of the case. During pleadings, you do not share every piece of evidence.
Think of it like this – pleadings are the skeleton of the case. Later, you add the meat as you go through document production, examinations for discovery, expert reports and trials.
The Main Pleadings in an Ontario Personal Injury Case
The Statement of Claim
The first step in a lawsuit is filing the Statement of Claim.
The Statement of Claim is filed by your lawyer on your behalf at the courthouse and is your formal way of starting the lawsuit.
Once issued by the court, it must be served on the defendant within a specific period of time. A Statement of Claim in a personal injury case will generally include:
- Who you are (the “plaintiff”) and who you are suing (the “defendant”)
- A description of what happened — the accident, the injury, and how it occurred
- Why the defendant is legally responsible
- What you are asking the court to award you — such as compensation for medical expenses, lost income, pain and suffering, loss of enjoyment of life, and other damages
The Statement of Defence
After receiving the Statement of Claim, the defendant files a Statement of Defence.
In this document, the defendant responds to your allegations by admitting, denying or stating that they have insufficient knowledge to admit or deny particular facts.
The defence may also argue that:
- The defendant was not negligent
- Someone else caused the accident
- You were partly responsible
- Your injuries or losses are different than what has been claimed
The Reply
Sometimes, the defendant raises new matters in their Statement of Defence.
When that happens, your lawyer may file a Reply addressing those new allegations. Many personal injury cases never require a Reply, but it remains an available pleading until Ontario’s Rules of Civil Procedure.
Crossclaims and Third Party Claims
In some Ontario personal injury cases, particularly those involving multiple defendants.
For example, a collision involving several vehicles or a slip and fall where both a property owner and a maintenance contractor may share responsibility can lead to additional pleadings.
These may include:
- Crossclaims – where one defendant claims another defendant is responsible
- Third Party Claims – where a defendant brings another person or company into the lawsuit
If this happens, your lawyer will be able to explain how these additional claims will affect your case.
such as a car accident with several drivers or a slip and fall involving both a property owner and a contractor — additional pleadings may be filed. A defendant may bring a crossclaim against another defendant, or issue a Third Party Claim against someone not yet part of the lawsuit. Your lawyer will guide you through any of these developments if they arise in your case.
Ontario's Limitation Period: Don’t Wait Too Long
One of the most critical things to understand about pleadings in Ontario is that there are strict legal deadlines for starting a lawsuit.
Under Ontario’s Limitations Act, most personal injury lawsuits must be started within two years of the date you knew (or reasonably ought to have known) that you suffered an injury caused by another person’s negligence.
However, not every deadline is two years.
Some types of claims require written notice to be given within days or months of the accident. Missing these notice periods can affect your legal rights, even if the lawsuit itself has not yet reached the two-year deadline.
Speaking with an experienced personal injury lawyer as soon as possible helps ensure important deadlines are not missed.
Why Do Pleadings Matter?
Pleadings exist because they define the issues that will be decided in the lawsuit.
The claims and defences raised in pleadings determine what the case is actually about.
Evidence and arguments at trial are generally limited to what was raised in the pleadings.
This makes it so neither party is surprised. Each party knows exactly what the other is asking the Court to Order, and what facts they will be relying on in support of that order.
The pleadings set the stage for every subsequent step in the case.
The parties must disclose all relevant documents. Relevancy is determined by looking at the pleadings.
When you participate in discoveries, the questions that are asked must be relevant to the pleadings.
And finally, the pleadings have already set out exactly what each party is asking the Court to Order, and what facts they will be relying on in support of that order. That way no one is surprised.
Three Important Things to Know About Pleadings
- Ontario Personal Injury Pleadings Are Often Broad
Many clients are surprised by how general pleadings are.
For example, Instead of saying:
“Jane Doe makes $60,000 / yr and missed one year of work because of her injuries”
the statement of claim would probably just say
“Jane Doe suffered an income loss”.
The reason: personal injury cases are fluid and the pleadings are drafted at the very beginning. Losses change overtime. Maybe the loss was only $60,000 at the time the pleading was drafted but it might grow to $1,000,000 if Jane Doe can never work again.
- Don’t read too much into the number being claimed
Many clients are surprised to see a lawsuit claiming $2 million or another large figure.
That does not mean:
- Your lawyer believe the case is worth exactly that amount; or
- You should expect to recover that amount
At the time pleadings are drafted, many important questions remain unanswered.
Your lawyer may still need:
- Medical opinions
- Vocational assessments
- Future care reports
- Economic loss calculations
- Expert evidence
Because damages may increase as more information becomes available, lawyers often claim a larger amount initially. The amount claimed can later be amended if necessary.
Likewise, if later evidence shows the claim should exceed the original amount, your lawyer may recommend seeking permission to amend the pleadings.
- Just Because It’s in the Statement of Defence Doesn’t Mean It’s True
Statements of Defence are usually prepared by lawyers retained by the defendant’s insurance company.
Often, they are drafted before the defence lawyer has had an opportunity to investigate the case in detail.
As a result, the defence may allege things such as:
- The accident was not the defendants fault
- If it was, the plaintiff was partly responsible
- The plaintiffs injuries are exaggerated or unrelated
- Any losses were caused by something else
- The plaintiff has not suffered the damages claimed
Many clients find these allegations upsetting. However, it is important to remember that a pleading is not evidence.
Defence lawyers often plead broadly like this because:
- They do not yet know which legal defences may ultimately apply and
- Broad pleadings preserve their ability to ask questions during examinations for discovery while they investigate the facts
As the case progresses, many allegations contained in both the Statement of Claim and the Statement of Defence are narrowed, abandoned or clarified as evidence.
In other words, do not assume every allegation in a pleading reflects what the other side actually believe will ultimately be proven.
You Don't Have to Navigate This Alone
The pleadings process can feel overwhelming, especially when you are already dealing with the physical and emotional toll of an injury.
If you’ve been injured in Ontario and have questions about starting a legal claim, reaching out to a personal injury lawyer as early as possible can make all the difference.
