An Introductory Guide To Civil Litigation In Ontario

In Ontario, there are 12 crucial steps in a litigation process. A defendant is a person who is accused of committing a crime. The parties who file the claim are involved in a civil action. A lawyer or paralegal represents them. In case of any injury, or according to KLJ law, the Statement of Claim must be filed within two years. Checkout more here about the top ten civil litigation cases of 2021 to gain in-depth knowledge.

Steps Involved in a Litigation Process

The filing of complaints is the first step in a civil action in Ontario.

  • Limitation periods are established.
  • Investigation and research.
  • Summary judgment motions.
  • Preparation for the trial.
  • Trial.

The first step of litigation will be deciding which court will hear and file the case. Litigation counsel is trained in determining the best legal defense to use in response to the other group’s Statement of Claim. The parties must disclose relevant documents and prepare a supplementary Affidavit throughout the litigation.

Both Plaintiff and Defendant must serve Affidavit Documents on the other group within the timeframe specified in the discovery schedule in Simplified Procedure litigation. The parties to a lawsuit must swear to speak truthfully in the presence of an examiner. The examination transcript can be used by one party to refute the other group’s evidence. When the lawyer believes that there is an inappropriate question, the examined party may refuse to answer it.

If more time is needed, the party must obtain the court’s permission and consent from other parties. When a party fails to provide information within the required time frame, the other group will be responsible for bringing action to compel a response.

A party can object to evidence or strike portions of another party’s pleading during a civil litigation proceeding. In any action brought in any Ontario court, parties must participate in mediation within a time span of 180 days of filing an initial Defence Statement.

An unbiased mediator meets with each party to reach an agreement but does not decide between them. During the mediation process, the parties can make offers. If mediation fails to resolve the issues, the parties may jointly request a settlement conference, and the court may order the conference if mediation fails to resolve the issues. Trials are then held between both parties, and the judge makes decisions that are binding on both.

Trial Proceedings- How it Works?

Pre-trial proceedings must be attended by both parties 120 days before the trial. All parties require a preliminary hearing, at which the judge will inform them of how they will rule the case. A judge can compel a party to settle but not relinquish their rights.

Both parties should think about the financial implications of settlement offers and understand how costs are distributed. A party in a case may request a summary trial under the Simplified Procedure rules. Only oral arguments and affidavits are allowed during the summary trial.

The Bottom-line
The process is like that of criminal actions in civil actions, but it is simplified. In Ontario, it is governed by common law precedents and statutory provisions. Civil law is based on precedents set by higher courts, while indigenous law is based on precedents set by higher courts.


A Guide To First Time Home Buying Process In Canada

Residential real estate comes with many restrictions when it comes to first time home buying in Canada. An experienced residential real estate lawyer can be of help here. Clients come first at KLJ Law, and attorneys at KLJ Law can help you determine whether all your property taxes have been paid, the title is valid, the closing land transfer tax has been calculated, and any liens against your property. A lawyer can also help you examine legal documents, such as the Agreement of Purchase and Sale when buying a house.

Down payments and other additional expenses

The “down payment” is the amount you put down to purchase a home. Your mortgage terms will be more favorable if you have a larger down payment. The typical down payment for a home in Ontario is between 5-20% of the purchase price. You can avoid the Canada Mortgage and Housing Corporation mortgage default coverage by paying a 20% or greater down payment. The additional expenses incurred to close a real property transaction could be as high as 4 percent of the purchase price of your home.

Getting your finances in order before buying a house

Many factors decide what type of mortgage you can qualify for and how much you can afford. You should be careful about your credit score when you put down money for a down payment. Additional documentation is required to be eligible for a mortgage. This includes a government-issued photo identity card, proof that you are employed and earning income, as well as proof of assets and debts.

Pre-approval for a Mortgage

A mortgage calculator can help you determine how much money you have available to pay for a home. Although a pre-approved mortgage is not necessary, it is strongly recommended as it will give you a budget to work from. You can also shop around to find the best mortgage terms from other banks. There are many mortgage types, including fixed and variable rates, open and closed mortgages and home equity credit lines.

Rebates for first-time home buyers

You may also be eligible for the first-time home buyer refund, if you are buying your first property. The rebates can only be claimed if the following criteria are met.

  • You must be at minimum 18 years of age
  • You must move into the property within nine months of closing.
  • You are not allowed to own residential property in Canada or anywhere else on the planet.
  • You must be either a Canadian citizen or a permanent resident.

When purchasing your first home, you can take advantage of many Canadian first-time homebuyer benefits. These are just a few examples.

  • Land transfer tax rebate
  • RRSP Home Buyer’s Plan
  • GST/HST New Housing Rebate
  • CMHC mortgage default insurancehelps you navi
  • Land transfer tax rebate
  • First-Time Home Buyers’ Tax Credit

Do you want to buy a Canadian home? Call xxx to make an appointment and have your papers and documents reviewed. Also, find out more helps you navigate the real estate buying process.