Despite its importance and necessity in our world, legal proceedings tend to be misunderstood as unnecessarily complex and time-consuming. Court processes, in order to ensure utmost justice, require absolute completion and brevity in paperwork, which is why the process may seem complex. The process can also be intimidating, but once again, the reason behind this is to ensure that no aspect of the case is missing.
For this, it is imperative that a general understanding of the civil litigation process be understood. Which is why, in this blog, we’ll walk you through the process of filing a civil lawsuit in Ontario to help explain the machinations of the justice system that ensures every person gets their rightful dues to them.
Let’s start with a comprehensive walkthrough of the civil litigation process in Ontario, what it entails, and how the process can be made more approachable and understandable by having firms like Dharsi Law handle them.
File A Civil Lawsuit In Ontario: What’s The Process?
The following is an essential outline of the key steps that are part of filing a civil lawsuit in Ontario.
Determining The Jurisdiction
The first step of the entire process involves determining the jurisdiction or in which court the case shall proceed. The governing law uses the amount in claims involved in a case to stratify the levels and the corresponding jurisdictions. For claims upto $35,000, the case shall be heard in the small claims court. Once the amount exceeds $35,000, proceedings are then moved to the Ontario Superior Court of Justice. Climbing the ladder further, for claims of $200,000 or less, the case is to be heard in the Ontario Superior Court of Justice and going even higher, the Ontario Superior Court of Justice under the ordinary Rules handles cases for claims over $200,000.
Statement Of Claim
The statement of claim is considered the main driving argument of the case, issued by the plaintiff (the person who has been wronged or harmed) towards the defendant. This statement of claim underlines the facts and the legal reasons that, according to the plaintiff, make the defendant liable to pay the damages. This statement needs to be issued before the statute of limitations expires on the claim, and while there are many different claim types that have different statutes of limitation, the general understanding requires that the statement of claim be issued and filed within two years of said incident happening.
Statement Of Defence/ Counterclaim
Once the defendant has been served with the statement of claim, they will have a very limited timeframe in which they will have to submit their reply to the statement of claim, also known as a statement of defence. Should the defendant have any claim against the plaintiff, they will need to submit and issue the counterclaim as well, within the stipulated time period before the plaintiff will be able to ask the court to note the defendant in default, obtaining a default judgement against the defendant.
Reply To Counterclaim
Once the counterclaim or statement of defence has been filed and issued, the plaintiff has the right to file a reply to the allegations or statements made in the prior statement. Once again, should the reply to the counterclaim not be issued within the stipulated time, the defendant can then ask the court to note the plaintiff in default, obtaining a default judgement against the plaintiff.
Discovery Plan
The discovery plan is the plan that sketches out the scope of documentary discovery, the identities of the people who will be produced for examinations as well as the timelines for the completion of both documentary and oral discovery. This needs to be agreed upon by both parties within 60 days or two months of the reply and defence to the counterclaim.
Document Discovery (affidavit)
Document discovery, as the name implies, refers to the part of the process where an affidavit is served that lists off documents that are, were or have been in the possession of both the parties that are related to the claims put forth by either party. This part of the process also includes the list of the names and other relevant details of the people who are to be called or produced for the examinations.
Discovery Examinations
This part of the process now deals with the actual solution of the claims, and in a broader context, the solution of the case itself. This part involves the lawyers of both parties asking the other party questions related to the various details and nuances of the litigation and of the details provided in the claims and counterclaims. An examiner shall always be present during this part, transcribing the entire testimony and with each party taking an oath to state the truth.
Answering Undertakings And Motions To Compel Answers
It is not always possible that during the examinations, a person may have the complete requisite information as well as documentary paperwork. This is when the lawyer of the other party will ask them to provide the relevant information or document after the examination has been completed. Should the person fail to provide the relevant information or documentation in time, the lawyer for the other party can request a judge to order that the information be brought to the forefront.
Motions
Motions involve certain decisions that either party may request the judge to see through, for example a motion to exclude certain evidence from being used or a motion to exclude some of the details from the other party’s statements, in which case, the judge shall decide which would be more prudent to do.
Mandatory Mediation
Mediation is mandatory for all civil cases being heard in Ontario, Ottawa and Essex. This is part of the litigation process wherein both parties are required to participate in a mediation session within 180 days of filing the statement of defence. With both parties providing their mediation briefs for the other party to read, a neutral mediator shall head the mediation to try and resolve the matter without it going to trial. Should that not work, the parties may try to go for a settlement conference or proceed onto the next step of the litigation process.
Setting Case For Trial And Pretrial Conference
When all the requisite steps in the process have been completed, any party may set the matter down for a trial. In this case, a judge, in presence of both parties, will hear the evidence and will try and negotiate a settlement between the two parties during the pretrial conference, which needs to be set within 120 days of the first request for a trial. If the pretrial conference does not make any progress, it will proceed to an actual trial, wherein an important detail to note is that the particular judge who oversaw the pretrial conference cannot hear the actual trial.
Start Of Trial Process
The final part of the process includes the actual trial process, held in the corresponding court, wherein both parties will present their evidence, arguments and witnesses. Expert evidence may also be called, and by the end of the trial, a judgement will be made, with the decision being finalised that is binding on all parties. Should one party not be satisfied with the judgement, an appeal process can be started in some circumstances.
Dharsi Law: Simplifying, Easing The Law For You
If all of this sounds too technical and approachable, you need not worry. With an excellent and experienced law firm like Dharsi Law by your side, you can be sure of understanding and breezing through the process. Our experienced and trained lawyers will help you get through the process without any ado, without any issues, and with Dharsi Law, you can be absolutely sure of your legal and economic rights being taken care of. Trust Dharsi Law, trust excellence and trust the system that guarantees justice for all.
