Civil litigation can seem overwhelming, especially if you’re new to the legal system. This guide provides an overview of the civil litigation process in Ontario to help you understand the steps involved and what to expect when pursuing or defending a civil claim.

What is Civil Litigation?

Civil litigation refers to the legal process of resolving disputes between individuals, businesses, or organizations through the courts. Unlike criminal cases, civil litigation involves non-criminal matters such as financial disagreements, personal injury claims, or property disputes. Common types of civil litigation include:

• Contract disputes
• Property disputes
• Personal injury claims
• Debt recovery
• Employment issues

The goal of civil litigation is to provide compensation, enforce agreements, or resolve conflicts between parties.

Key Steps in the Civil Litigation Process

Deciding to Pursue Litigation

Before initiating a lawsuit, it’s essential to evaluate whether litigation is the best course of action. Consider:

• Alternative Dispute Resolution (ADR): Mediation or arbitration may provide quicker and less expensive resolutions.
• Cost vs. Benefit: Assess the time, effort, and legal expenses compared to the potential outcome.
• Strength of Your Claim: Ensure you have sufficient evidence and a solid legal basis for your claim.

Superior Court:

In Ontario, lawsuits involving claims for more than $35000 are commenced in the Superior Court. The following is a summary of the basic steps in the Superior Court.

Starting the Lawsuit: Filing a Statement of Claim

The first formal step in civil litigation is filing a Statement of Claim with the appropriate court. This document includes:

• Details of the parties involved.
• A summary of the facts of the case.
• The remedies or damages being sought.

The Statement of Claim must be served on the defendant(s) within a specified time frame.

Responding to the Claim: Filing a Statement of Defence

The defendant typically has 20 days to file a Statement of Defence, which outlines their position and may include counterclaims. This step is critical to avoid a default judgment in favor of the plaintiff.

Discovery Process

The discovery process involves gathering and sharing information relevant to the case. This includes:

• Document Discovery: Both parties exchange documents and records related to the dispute.
• Examinations for Discovery: A pre-trial process where parties are questioned under oath to clarify facts and narrow the issues.

Pre-Trial Conference

A pre-trial conference is a meeting between the parties and a judge. The purpose is to:

• Explore settlement options.
• Identify and narrow the issues for trial.
• Ensure both parties are prepared for trial.

Many cases are resolved at this stage, avoiding the need for a full trial.

The Trial

If no settlement is reached, the case proceeds to trial. At trial:

• Both parties present their evidence and call witnesses.
• Witnesses are examined and cross-examined.
• The judge (or jury, in rare cases) makes a decision based on the evidence and arguments presented.

SMALL CLAIM COURTS

Lawsuits involving $ 35,000 or less are commenced in the small court. Small Claims Court Lawsuits do not include the discovery process or numerous other procedural steps in the Superior Courts and are much less expensive and time-consuming as a result.

Post-Trial Remedies and Appeals

After a decision is rendered, the losing party may:

• Comply with the judgment.
• File an appeal to a higher court if they believe there was an error in the trial process or decision.

How Long Does Civil Litigation Take?

The length of civil litigation varies depending on factors such as:

• The complexity of the case.
• The cooperation of the parties involved.
• The availability of court dates.

Cases can take months or even years to resolve. Patience and persistence are essential throughout the process.

Costs of Civil Litigation

Civil litigation can be costly. Expenses may include:

• Lawyer fees.
• Court filing fees.
• Expert witness fees (if applicable).

In some cases, the winning party may recover a portion of their legal costs from the losing party, but this is not guaranteed.

Alternative Dispute Resolution (ADR)

ADR methods, such as mediation and arbitration, offer alternatives to traditional litigation. These methods are often faster and less expensive.

• Mediation: A neutral third party helps the disputing parties negotiate a settlement.
• Arbitration: A neutral arbitrator hears the case and makes a binding decision.

ADR is an attractive option for those seeking to avoid the time and expense of a court trial.

Tips for Navigating Civil Litigation

• Seek Legal Advice: Consult with an experienced lawyer to understand your rights and options.
• Stay Organized: Keep thorough records of communications, evidence, and court documents.
• Be Prepared: Understand each stage of the process and what is expected of you.
• Be Patient: Litigation can be lengthy; patience and persistence are key.

Conclusion

Civil litigation in Ontario is a structured process designed to ensure fairness and justice. By understanding the steps involved and seeking appropriate legal guidance, you can navigate the system with confidence. Whether you’re pursuing a claim or defending against one, preparation and knowledge are essential for achieving the best possible outcome.

If you have questions about civil litigation or need legal assistance, contact our experienced team today to discuss your case.

This article is not intended to provide legal advice. Readers are encouraged to consult with a lawyer for guidance specific to their situation. For personalized assistance, feel free to reach out to Frank Feldman Law.