Suits and The Civil Litigation Process in Mississauga, Ontario

For many of us who have suddenly been dragged into civil litigation, the process is confusing and often scary. This does not have to be the case! With proper legal representation, you will have a team behind you every step of the way. Mr Gary Bennet at GAB Law Firm in Mississauga, Ontario, works with civil litigation cases and is available to serve you with legal advice to navigate your civil litigation. The civil litigation process consists of several steps that you will become familiar with as you move through the process.

Demand Letters and Determining Jurisdiction

A demand letter is an important first step before you commence civil litigation. Demand letters tell the opposing party what you want and why. The letter provides the opposing party with an opportunity to evaluate the case you are bringing and resolve it before civil litigation is commenced.

If the party that receives your demand letter does not comply with your demands, you may commence a lawsuit or claim against them. When starting a lawsuit, you must determine which level of court to file your lawsuit in. There are different levels of court depending on what you are asking the court to do or to give you. Generally speaking, in Ontario, your options, depending on the facts of your case, include some of the following:

• Small Claims Court – This court handles any claims for money or liquidated debts for $50,000.00 or less.
• Superior Court of Justice (Simplified Procedure) – This court handles claims for money and property valued at $200,000.00 or less, exclusive of interest and costs. This court procedure is meant to be expedited and a less expensive means of obtaining relief. Serves as a buffer between the Superior Court and Small Claims Court. The process is fairly streamlined.
• Superior Court of Justice – Handles claims over $100,000 under the ordinary rules of civil procedure. These claims take longer and are more complicated, and provide the opportunity for extended evidentiary and legal procedures.

Litigation Process

• Once jurisdiction has been decided, the litigation process can commence. There are several steps in this process.
• Exchange of Pleadings – The exchange of legal documents at the start of proceedings, during which each party can plead their case. The Plaintiff begins the process by issuing a statement of claim, which outlines the facts and legal basis for the claim. The defendant then has twenty days to prepare and deliver their statement of defence and, in some cases, a counterclaim.
• Discovery – The discovery process consists of 2 phases. First, each party prepares and serves an Affidavit of Documents listing all documents in the parties’ possession. Second, the Examinations of Discovery begin, during which each party must, while under oath, answer questions related to the documents presented.
• Motions – This is a hearing before the judge on immediate matters in the proceeding, during which the judge will make decisions based on the affidavit evidence.
• Pre-Trial – This occurs post-discovery, during which the Plaintiff prepares and serves a Trial Record that places the case on a list of pending cases set for trial. Once on the list, the time until trial can vary depending on how many cases precede it.
• Trial – When a settlement cannot be reached, a trial will be held. The judge will hear and consider the parties’ submissions of evidence. Once the trial is complete, a judgment will be rendered, and the judge will decide damages and who is responsible.

Civil litigation can be a messy, complicated, and drawn-out process. If you are looking for quality representation, call (365) 800-2090 today to set up an appointment.