Pleadings

• Author: Janet Walker/Lorne Sossin
• Profession: Osgoode Hall Law School, York University/Faculty of Law, University of Toronto
• Pages: 93-107

93

CHAPTER 4

PLEADINGS

A. INTRODUCTION

To ensure that the process leading to a continuous oral trial is fair, and

that the parties are prepared to present their cases, each party must

be given notice of the case that it has to meet. This process begins

at the commencement of the proceeding, or shortly thereafter, with

the exchange of statements of the claim and the defence in documents

called “pleadings.” As was discussed in the previous chapter, the party

initiating the proceeding — the plaintiff, the applicant, or the peti-

tioner — issues an originating notice that identif‌ies the parties to the

proceeding, sets out the facts upon which the claim for relief is based,

and states the relief sought. The defendant or respondent then delivers

a statement of the facts relied upon for its defence. After the parties have

exchanged their pleadings, there is a further opportunity for reply.

In the adversary system, the exchange of pleadings has important

functions in the development of the case. Pleadings begin the process

of def‌ining the issues and giving notice to the opposing party of the

case to be met and of the relief being sought. Pleadings set the par-

ameters of the questions that the court must decide and they create

a record of the matters that will be treated as res judicata, or “things

decided,” in subsequent litigation.1 Pleadings also identify the key facts

or events that must be proved for the relief to be granted. This gives the

1 Res judicata is d iscussed in more deta il in Chapter 5.