A party commences a Civil Lawsuit by the issue of a Statement of Claim. This document, otherwise known as an originating process or a pleading, sets the tone and scope of the litigation that follows. It is crucial that the Statement of Claim is drafted with sufficient particularity otherwise, the court may strike out all or part of the pleading by reason of being prejudicial, frivolous or vexatious. 

First and foremost, in Civil Law, the Statement of Claim defines the issues between the parties to to the action. Specifically, the Statement of Claim serves as a framework for the action, to be used for the purpose of disclosure and trial.1 The issues set out in the Statement of Claim govern the subsequent Documentary Discovery, as well as Examination for Discovery. Pursuant to Rule 30.02 of the Rules of Civil Procedure, a party must disclose “every document relevant to any matter in issue in an action”. Also, Rule 31.06 of the Rules of Civil Procedure specifies that “a person examined for discovery shall answer, to the best of his or her knowledge, information, and belief, any proper question relevant to any matter in issue in the action”. 

In other words, if a party seeks to examine an opposing party on a particular issue, that issue must be pleaded in the Statement of Claim, otherwise, the opposing party is entitled to refuse the question on the basis of relevance.2 

As such, it is important to draft the issues with sufficient particularity, as the content of a Claim impacts the types of documents that are required to be disclosed, and more importantly, may limit the scope of questions that a party is entitled to ask during Examinations for Discovery. 

Secondly, the purpose of a Statement of Claim is to give the opposing party notice of the case to be met, which then allows the opposing party to properly respond to the allegations.3 

Thirdly, the issues and facts set out in the Statement of Claim inform the court as to what is in issue.4 

If a Statement of Claim is not drafted with sufficient particularly, a Claim, or any part thereof, may be struck by the Court. A party must be mindful of drafting particulars when a Claim involves allegations of fraud, misrepresentation, breach of trust, malice, or intent.5

Also, the court may strike a Claim, or any part thereof, on grounds that the Claim is scandalous, frivolous or vexatious, or is an abuse of the process of the court.6 The Ontario Superior Court of Justice held that, “a claim is frivolous if the proponent can present no rational argument based upon the evidence or law in support of that claim”.7

Therefore, when drafting a Statement of Claim, it is important to define all of the issues in dispute and ensure that the Claim is drafted in such a way that does not limit or restrict your party’s position during the discovery process.   

The foregoing is for informational purposes only and should in no way be relied upon as legal advice. For legal advice tailored to your circumstances and business, please contact any of Sutherland Law's civil lawyers in Vaughan by email or telephone.

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1 B. (A.) v. Halton Children’s Aid Society 2016 CarswellOnt 15314, at para 29.
2 Blais v. Toronto Area Transit Operating Authority, 2011 ONSC 1880 (CanLII), at para 15
3 B. (A.) v. Halton Children’s Aid Society 2016 CarswellOnt 15314, at para 29.
4Somerleigh v. Lakehead Region Conservation Authority, 2005 CarswellOnt 3546, at para 5; affirmed in B. (A.) Halton Children’s Aid Society 2016 CarswellOnt 15314, at para 29.
5 Rule 25.06(8) of the Rules of Civil Procedure.
6 Rule 25.11 of the Rules of Civil Procedure.
7 Niro v. Niro, [2004] O.J. No. 342 (Ont. S.C.J.), at para.35; affirmed in B. (A.) v. Halton Children’s Aid Society 2016 CarswellOnt 15314, at para 29.