Pleadings

The claims, and the responses to those claims, made by each of the parties involved in a court matter. Pleadings are found on the document that starts the court matter (for example, a Notice of Application, a Notice of Variation Application, or a Petition for Divorce). Pleadings are also found in the document that sets out the other person's response to that claim, if applicable (for example, a Response to Application, or an Answer filed to contest a divorce). The pleadings must contain enough information about the claims to establish the factual and legal right to go forward with the matter.


For example, Vivian files a Petition for Divorce, checking off the issues of decision-making responsibility and/or parenting time, child support, spousal support and division of property under the appropriate sections of the Divorce Act and Matrimonial Property Act. These are the things that Vivian wants to 'deal with' as part of the divorce - these issues, and the legal authority she lists for how she is asking to have them resolved, are her pleadings. Her spouse, Robert, files an Answer to show that he is not in agreement with what she is requesting for the parenting arrangements. He outlines in his Answer what he is seeking for the decision-making responsibility and/or parenting arrangements under the appropriate section of the Divorce Act. These are his pleadings.