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.