If you are suing someone in Ontario, it can feel like a daunting road ahead. However, it’s often the most effective way to move forward if someone owes you money, breaks the terms of a contract, or acts in a way that causes personal harm. For example, lawsuits can arise from unpaid loans, damage to property, breach of agreement, or injuries caused by someone’s carelessness.
It’s natural to feel stressed and overwhelmed in the beginning. Perhaps you’ve already tried to resolve things calmly, but nothing worked. Now, you’re not quite sure what your next step should be.
Before you take action, learn how the legal system works. Failing to do so can cost you time and money. It could even sabotage your chance of securing the justice you deserve. This guide is a great place to start, but contacting an experienced lawyer is the best way to increase the likelihood of your desired outcome.
Determine If You Have a Valid Claim
Before you begin the suing process, you must determine whether your situation makes for a legitimate claim.
You can’t just sue someone because you’re frustrated. Your claim needs a legal reason behind it. That might be negligence, breach of contract, unpaid debt, or damage to your property. To start:
- Write down exactly what happened and when.
- File away emails, receipts, or contracts that support your side of the story.
Even if the situation seems straightforward, it’s a smart idea to talk to a lawyer. Someone like Allan Rouben can assess your case early on and tell you whether you’re on solid legal ground or help you avoid a costly mistake.
Filing a Lawsuit
Which court you file in depends on the value of the claim, the complexity of the issue, and the proper jurisdiction. Jurisdiction is the court’s legal authority to hear a case—it must be the right court, in the right geographic location, and with the right subject matter.
In Ontario, lawsuits fall under one of two main courts:
- Small Claims Court. For claims up to $35,000. These are usually simpler and faster.
- Superior Court of Justice. For claims over $35,000 or complicated matters.
Where you file affects how much the process will cost and how detailed your paperwork needs to be. It will also impact how long the case will take to resolve. As a general rule, the higher the value and complexity, the more time is required to come up with a resolution.
Prepare Your Documents
The claim starts with a document:
- In Small Claims Court, it’s the Plaintiff’s Claim (Form 7A).
- In Superior Court, it’s called a Statement of Claim (Form 14A).
These forms explain what happened, why you’re suing, and how much you’re asking for. Attach any supporting documents.
File With the Court
You can file your paperwork online or in person. You’ll pay a fee, which depends on how you file and whether you’re a frequent filer.
Serve the Defendant
Once your documents are filed, you must serve the defendant. That means giving them an official copy of the paperwork. You have six months from the filing date to do this. Service must follow court rules—hand delivery, registered mail, or court-approved email. Make sure to gather proof of how you served them (Affidavit of Service).
Await a Response
The person you’re suing has 20 days to respond:
- If they admit the claim, they might offer to pay or settle.
- If they dispute it, the case moves forward to a settlement conference or trial.
- If they do nothing, you can ask the court for a default judgment.
After You Have Filed a Lawsuit
Once the claim is served, you wait to see what the defendant does. There are a few different possibilities.
First, you might settle. Sometimes, the other party cooperates. They may realize the cost of fighting the case isn’t worth it or that you have a stronger claim than they expected. Courts in Ontario encourage early resolution. Settling can save time, legal fees, and stress for all parties involved. In the best-case scenario, you get the outcome you want without ever stepping foot into a courtroom.
If you fail to settle, you go to trial, or the court makes a decision without one. If there’s no agreement, the case moves forward. If the defendant files a defence, both sides will present their arguments and evidence. If they ignore your claim completely, you can ask the court for a default judgment. That means the court can rule in your favour without a hearing, based on what you filed.
If your case proceeds, the next stop is usually a settlement conference. This is a meeting with a judge, where both parties talk through the case. It’s not a trial, but it is serious. You’ll be expected to explain your side and show any evidence. If you reach an agreement here, the case ends. If you don’t, it continues toward trial.
To prepare for a trial, you’ll need to gather your documents, identify witnesses, contact a lawyer (if you haven’t already), and be upfront about what you’re asking for and why.
A Lawyer Can Improve Outcomes
Suing someone might start with a simple form, but it rarely ends that way. Having a lawyer on your side gives you the best chance of securing a favourable outcome. They can draft strong legal arguments and walk by your side through complex procedures.
If things go to trial, you want someone who knows how to apply the facts of the law to your circumstances and build a compelling legal strategy.
If you’re thinking about suing someone in Ontario, contact Allan Rouben today for a consultation. With over 35 years of experience in litigation, appeals, and negligence claims, Allan can explain your rights and craft a case that stands up in court.