You’re in the midst of a lawsuit. You’re overwhelmed, maybe angry, and confused on what your next move should be. Looming deadlines are only adding to your already sky-high stress level.
It’s normal to feel this way. Ontario’s civil litigation process runs on strict rules. Miss just one minor step, and your whole civil case (or proceeding) can be set back months. Some judges enforce these rules like clockwork. Others, though rarely, grant a sliver of leeway.
Don’t leave your case to chance. In this guide, we’ll look at some of the most common civil lawsuit mistakes people make. You’ll learn exactly where the traps have been set and how to avoid them.
Not Responding On Time
Twenty days. That is the deadline to reply once served with a claim in Ontario. Miss it, and the court assumes you admit to the truth of every statement made against you.
When no Defence is filed, the plaintiff can request judgment without any further notice. That judgment carries the same weight as if there had been a trial. Once granted, the judgment may be enforced against you through measures such as wage garnishment or seizure of assets.
Your response is filed using a statement of defence. You can use this document to explain which parts of the claim you agree with and which parts you don’t. You have an opportunity to provide reasons.
You might also use it to propose terms of payment if you accept some or all of the claim.
Failing to Gather and Preserve Evidence
Evidence is what proves your side of the story. Without it, your position is weaker than it could be. So from the very moment a dispute begins, keep hold of anything and everything that can prove what happened (even if it doesn’t seem important at the time). This might include:
- Contracts
- Emails
- Photos
- Screenshots
- Notes in your phone or journal
- Text messages
- Phone call logs
A rock-solid piece of evidence can tilt the balance in your favour, because judges typically prefer records over memory.
Sharing Too Much on Social Media
You might be angry, but now’s not the time to turn to social media to air your grievances. Sure, venting to friends and family might feel harmless enough. But every word you publish and every comment you post creates a record. Photos, tags, status updates, and stories could be captured by the other party, and switching your account to private won’t stop this from happening.
Ignoring Court Rules and Procedures
Civil procedure is complex. The court clock sets rules for forms, deadlines, and service. It’s your responsibility to follow all these procedures. You’ll need to file the right paperwork at the right time.
Those who represent themselves often end up wrongly accused or with less than they are rightfully entitled to because they can’t keep up with the court. Don’t follow in their footsteps. Get an expert in your corner so you can secure a favourable outcome.
Speaking Directly to the Other Party Without Counsel
It seems like it could be an efficient solution. One conversation, and the issue’s resolved. But in practice, it rarely goes that way. It’s a risky tactic.
When speaking directly with the other party without counsel, you could accidentally (or intentionally) admit liability. You could misinterpret facts or misunderstand the other side’s language. Those words can enter the record. Without a transcript, it becomes a matter of one statement against another—the classic he-said-she-said scenario.
Lawyers remove that uncertainty because written correspondence is formal and verifiable.
Underestimating the Costs of Litigation
Not budgeting properly can leave you unprepared. Unfortunately, filing fees are only the start.
Expert reports, transcription, and document production—each adds to expenses. Strategy suffers when the budget runs out too. In these instances, cases might resolve through a settlement. This is not because of weakness or “giving in,” but because the financial strain forces the decision. In that sense, money becomes leverage as much as law.
Representing Yourself Without Legal Help
Self-representation is allowed legally, but it’s rarely the smartest path forward. Choosing to go this route is a common civil lawsuit mistake.
Ontario’s procedure is technical and unforgiving. Missing a rule can undo months of work. Judges do not stop the process to explain requirements either. Staying on top of what’s expected from you is your responsibility and yours alone. Wrong motions, late deadlines, and poorly drafted arguments are common hiccups that can sabotage your case.
Lawyers understand the ins and outs of the paper trail. They know how to navigate motions and prepare for a trial.
Strengthen Your Case
Civil lawsuits punish mistakes, and some cannot be reversed.
Act early:
- Gather and organize documents.
- Track deadlines with precision.
- Communicate in writing, not through verbal promises.
- Seek legal advice before decisions lock in.
These measures reduce exposure to procedural landmines and preserve your position. For representation, contact Allan Rouben, an experienced civil litigation lawyer in Ontario. Get a free and confidential consultation to discuss the facts of your case and the best strategy to take.