What is considered "material" in a tort action?
Ontario, Canada
The following excerpt is from Kulyk v. Economical Mutual, 2010 ONSC 3031 (CanLII):
Generally, a fact is considered “material” when it constitutes a necessary element of the cause of action grounding the suit and supports the theory of the case as advanced by the party pleading it in a legally relevant manner. For example, in a tort action, the material facts are those that: (a) explain who the parties are; (b) identify the event or events giving rise to the claim; (c) explain why each party has been sued, by listing what each has done or failed to do to cause or contribute to their damages; and (d) details the damages suffered and the ensuing losses. (Witten v. Bhardwaj, [2008] O.J. No. 1769 (S.C.J.) at para. 16)
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