A Guide to Civil Litigation in Ontario

Civil litigation in Ontario is the process of resolving non-criminal disputes through the court system. Navigating the ups and downs of litigation can be demanding, compounded by the emotionally taxing nature of the case.

This guide aims to demystify the process, equipping you with the foundational knowledge you need to make informed decisions about your future.

Legal challenges are complex and highly individualized, but you don’t have to go it alone. Reach out to Allan Rouben and take advantage of his extensive expertise in civil litigation.

Understanding Civil Litigation

Civil litigation involves one party initiating a lawsuit against another to enforce or defend a legal right. Examples include:

• One party breaches a contract. They fail to uphold their end of the agreement. The wronged party can sue to enforce the contract terms or claim damages.
• When one party experiences personal injury due to another’s negligence, the wronged party can sue for damages such as medical costs and lost income.
• Disagreements about property boundaries, ownership, and damage can be resolved through civil litigation.

The Rules of Civil Procedure define the civil litigation process in Ontario. It generally unfolds as follows:

1. The plaintiff files a Statement of Claim with the court. This outlines their case against the defendant.
2. The defendant responds with a Statement of Defence filed with the Superior Court of Justice.
3. Each party exchanges a list of relevant documents for examination for discovery. This is called the Affidavit of Documents.
4. At a pre-trial conference, parties question each other under oath. A judge also meets with the parties to encourage a pre-trial settlement. 
5. If parties cannot reach a settlement, the civil case goes to trial. Your case will be added to the trial list. Then, a judge (and sometimes a jury) will make a final decision.
6. If one party is dissatisfied with the decision, they can appeal to a higher court.

In the process of pursuing your desired outcome, you will face challenges. These depend on the scope and nature of your case but might include:

• Proving terms of a contract were breached
• Quantifying damages
• Establishing negligence
• Supplying evidence to support the extent of injury suffered

To overcome these challenges, you need to collaborate with a skilled lawyer to build a strong case.

Building a Strong Case

A strong case increases your likelihood of walking away from civil litigation with the results you believe you deserve.

What makes a case strong? It should be backed by evidence and use the facts and the law to convey how you were wronged and to what extent. It should also strategically anticipate and address any counterarguments the defendant might use to disprove or minimize your claims.

Collecting documents and evidence is one of the most critical steps in shaping an air-tight case. This might include:

• Contracts, emails, or any written agreements related to your dispute
• Firsthand accounts of the incident or dispute
• Expert opinions from medical doctors, engineers, or industry specialists, depending on the case
• Visual evidence like photos from an accident scene or video footage that captures the incident

Evidence tells a story. But it’s your lawyer who uses that story—along with their legal expertise—to fight for your rights when you are entitled to compensation.

To ensure your case is as air-tight as it can possibly be, consult with a civil litigation lawyer early. Here’s why:

• A lawyer can help you understand legal frameworks and identify the best discovery plan and case strategy.
• Lawyers can translate complex legal terms and ensure you comprehend every step of the process.
• Your lawyer will help you set realistic expectations about possible outcomes and prepare you for each phase of the litigation process.

Your lawyer is your ally. When working with a lawyer, you can expect a straightforward, supportive process that protects your best interests. It starts with an initial consultation, followed by strategy development, evidence gathering, documentation filing, and trial preparation.

They stand by your side every step of the way, ensuring the defendant is held accountable.

Settlement and Alternative Dispute Resolution

Civil litigation doesn’t have to involve a trial. You can seek out-of-court settlements and alternative dispute resolution. These options can save you time and money. They can also potentially mend broken relationships through mutually agreeable solutions.

Depending on your case, your options might include:

• Negotiation: This is a simplified procedure involving a discussion between parties, often with lawyers present.
• Mediation: A neutral third party, called a mediator, helps both sides come to a resolution.
• Arbitration: It’s similar to a trial but conducted outside of court, where an arbitrator makes a binding decision based on the evidence and arguments presented.

Which is right for you?

Negotiation may be a smart first step when both parties are open to compromise. Mediation offers a confidential alternative to settlement, but all parties must agree with the outcome. Arbitration can be a good choice for those seeking a faster resolution to conventional court trials but still want a legally binding outcome. These are just general guidelines—always listen to your lawyer’s personalized advice.

How do alternative settlements compare to court trials? Let’s take a look at some of the pros and cons.

Settling Outside of Court

Pros	Cons
Time efficiency	Less compensation
Lowers costs	No public accountability
Privacy

Going to Trial

Pros	Cons
More comprehensive adjudication of your rights	Time and cost demands
Potentially higher compensation	Public exposure
	Uncertain outcome

Litigation Challenges

Litigation is not a walk in the park. You will encounter challenges, but with the right help in your corner, you can overcome them. To help you manage your expectations, let’s break down some of the most common litigation hurdles:

• Cost: You will need to pay fees to file claims and for court proceedings. Your lawyer may charge fees, and so, too, might mediators and expert witnesses. If you win, the defendant may be obligated to reimburse you for some or all of these costs. However, if you lose, you may need to cover these costs plus the defendant’s costs yourself.
• Time: The average trial in Ontario lasts about one week. The mean time to judgment is 98 days. While this timeline may seem manageable, pre-trial activities can last months or years, depending on the complexity of your case.
• Stress: Litigation can be stressful. Staying informed, communicating with your lawyer regularly, and making time for self-care can help.
• Mistakes: Many people miss out on compensation because they make mistakes or run into common pitfalls. Always keep an eye on deadlines and protect key evidence.

Legal Help and Resources

Contacting a reputable and experienced lawyer is the best way to ease the stress and headache of civil litigation in Ontario.

Allan Rouben offers over 35 years of experience handling civil appeals, personal injury, professional negligence, and more. He understands that every case is unique. That’s why he pieces together robust strategies that maximize each client’s chance of a favourable outcome.

The legal system can be overwhelming. Working with Allan Rouben means setting up your legal battle with the best possible support. Schedule a free consultation today.

Civil Litigation FAQs