Strategies, Approaches and Considerations for a Statement of Claim ...

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4 actions or/omissions on the part of the Defendant driver (i.e. made an unsafe left hand turn) which resulted in injuries to the Plaintiff (i.e. struck the Plaintiff’s vehicle, causing injuries to his head, neck and arm) for which s/he is claiming damages (i.e. loss of income). A Statement of Claim must contain a concise statement of the material facts on which the Plaintiff intends to rely. However, it is also important to bear in mind that the evidence by 7 which those facts are to be proved must not be included in the Statement of Claim. While what constitutes “evidence” versus “material fact” may be the subject of some debate, in motor vehicle accident cases, it is often useful to plead any convictions entered against the Defendant arising as a result of the subject accident which are, arguably, “material facts” at issue. 8 In a Statement of Claim, any point of law may be raised but conclusions of law can only 9 be pleaded if the material facts supporting the legal conclusion are also pleaded . The Statement of Claim should include reference to any statute and the applicable sections to 10 be relied upon in asserting a cause of action (i.e. the Negligence Act or the Insurance 7 Rule 25.06(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as amended. 8 Royal Bank of Canada v. McArthur et al. (1985), 51 O.R. (2d) 86; Demeter v. British Pacific Life Insurance Co. et al. (1984), 48 O.R. (2d) 266 (C.A.); (1983), 43 O.R. (2d) 33 (H.C.J.). 9 Rule 25.06(2) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as amended. 10 R.S.O. 1990, c. N.1, as amended.
5 11 Act ). Where the Plaintiff intends to rely upon an out of province statute, it should be expressly pleaded with reference to the statute’s name, citation, province of origin, section 12 numbers and the words of the section. The appropriate relief sought in a pleading will, of course, depend on the nature of the action. The Statement of Claim must contain a claim for relief, with the nature of the relief specified, and also, where damages are claimed, an indication of the amount claimed for each claimant in respect of each claim sought and the amounts and particulars of any 13 special damages known at the time. In a long term disability action, the Plaintiff may seek reinstatement of benefits to which they are owed and payment for all outstanding amounts. In a motor vehicle accident, the Plaintiff will seek payment of an award for damages in an amount usually based on the maximum amount of insurance available. Where the specifics of the relief (i.e. out of pocket expenses) are unknown at the time the Statement of Claim is issued, the claim may merely reflect that the particulars will be provided prior 14 to the trial of the action. In addition, it is also useful to include a request for “such further and other relief as the Court may deem just” to enable the Court to grant relief not pleaded 11 R.S.O. 1990, c. I. 8, as amended. 12 Boulanger v. Johnson & Johnson Corp. (2003), 64 O.R. (3d) 208 (Div. Ct.). 13 Rule 25.06(9) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, as amended. 14 Rule 25.06(9)(b) provides that particulars as to special damages unknown at the time of the issuance of the Statement of Claim must be delivered forthwith after they are known and/or not less than ten days before trial.
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