The Ins and Outs of Civil Litigation in Ontario

When someone wrongs you in Ontario, you do not have to just accept it, you can choose to pursue either monetary or non-monetary remedies through civil litigation. The civil justice system provides a formal way to adjudicate disputes between people, businesses, or organizations.. To help you better understand this area of litigation, we have outlined a brief explanation of how civil litigation works in Ontario. Though keep in mind if you have questions or a case to discuss, our experienced legal team is always here to help. 

What is Civil Litigation?

Civil litigation is essentially a legal process where one or more parties (the plaintiff(s)) seeks compensation or a specific solution (remedy) from another party or parties (the defendant(s)) through the court system. Unlike criminal cases where the government prosecutes someone for allegedly breaking the law, civil cases are about adjudicating disputes between private parties.

In Ontario, civil litigation can cover a wide range of issues - from unpaid debts and broken contracts to personal injuries, property disputes, and employment problems. For example, if a contractor agrees to renovate your home but fails to complete the work as promised, you may need to take legal action to recover the money you paid or force them to fulfill the contract terms. In personal injury cases, if you slip and fall in a grocery store due to unmarked wet floors, you may sue for medical expenses and lost wages. Property disputes often arise between neighbours when a fence or structure crosses a property line, requiring court intervention to settle ownership or boundary rights.

The Civil Litigation Process In Simple Terms

For most disputes where the monetary claim by the Plaintiff is for over $35,000.00, the proceedings are governed by the Rules of Civil Procedure to ensure cases proceed fairly and are brought in the Superior Court of Justice

For disputes where the monetary claim by the Plaintiff(s) is for under $35,000.00, the proceedings are governed by the Rules of the Small Claims Court and are brought in the Small Claims Court. 

Challenges You May Face

Civil litigation can be complex, and every case presents unique challenges. Some of the most common difficulties include proving a breach of contract, quantifying damages owed, establishing negligence, and providing evidence to support your claims. For instance, if you are a small business owner suing a supplier for failing to deliver goods, you’ll need to present clear documentation proving the contract terms and the financial losses you suffered. A skilled litigation lawyer can help you overcome these challenges by building a strong case, ensuring all necessary evidence is collected, and effectively presenting your arguments in court.

How Long Does Civil Litigation Take?

While an average trial in Ontario lasts about one week, the process leading up to the trial can take months or even years. The average time to judgment is 98 days, but pre-trial activities—such as gathering evidence and negotiating settlements—often extend the timeline depending on the case’s complexity. If you are suing a former business partner over a financial dispute, for example, gathering bank records, emails, and witness testimony may take significant time before the case is ready for trial.

Building a Strong Case

A well-prepared case increases the chances of a favourable outcome. Strong cases rely on solid evidence, including contracts, emails, or written agreements, firsthand witness accounts, visual evidence like photos or videos, and expert opinions from relevant professionals. If you are involved in a landlord-tenant dispute over unpaid rent and property damage, for example, presenting lease agreements, photos of the damage, and maintenance records can strengthen your position. Your lawyer will use this evidence to craft a compelling argument and anticipate potential counterclaims from the opposing party.

Why Work with an Experienced Litigation Lawyer?

An experienced civil litigation lawyer does more than represent you in court. They help clarify the legal process, explain legal terms, and outline your options. They work with you to develop a winning strategy tailored to your case. They also set realistic expectations, helping you understand possible outcomes while preparing you for each stage of litigation. Your lawyer is your advocate, guiding you through each step, and ensuring your rights are protected.

Settlements and Alternative Dispute Resolution

Not all civil litigation cases go to trial. Settling out of court can save time, money, and stress. Alternatives to trial include negotiation, mediation, and arbitration. Negotiation involves informal discussions between parties, with or without lawyers, to reach an agreement. Mediation introduces a neutral third party to facilitate discussions and help both sides find a resolution. Arbitration is a private process where an arbitrator reviews evidence and makes a legally binding decision.

For example, if two business partners disagree on the division of company assets after dissolving their business, mediation might help them reach a fair resolution without going to court. Alternatively, arbitration could be a quicker solution for a dispute between a contractor and a client over the quality of completed work. Each option has its pros and cons, and the best choice depends on the specifics of your case. Your lawyer can provide guidance on which route is most suitable in an initial consultation to discuss the issue you are facing.

Other Things To Consider

Litigation isn’t easy, and you may face obstacles such as cost, time, stress, and potential mistakes. Legal fees, court costs, and other expenses can add up, though if you win, the other party may be required to reimburse some of your costs. Legal proceedings can also take months or years, requiring patience and persistence. The process can be stressful and mistakes, such as missed deadlines or lost evidence, can weaken your case. Working closely with a lawyer can reduce many of these challenges so be sure to have your legal advocate fully involved in your case.

When It Comes To Civil Litigation, Having Our Experienced Lawyers By Your Side Is a Smart Decision

At Gionet Fairley Wood LLP, we have over 20 years of experience handling civil litigation cases in Ontario. Whether you need to file a lawsuit or defend against one, we’re here to help. Contact us today to schedule a consultation and get the legal guidance you need. With our experience working in Barrie, Simcoe, and Grey Counties, Muskoka and all places in between, GFW Law offers you the skilled legal advice you need and advocacy you can rely on.

***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.