Here's a step-by-step guide on how to navigate the civil lit
Step 1: Determine Jurisdiction
The first step in the Ontario civil litigation process is determining jurisdiction. This means figuring out which court has the authority to hear your case. In Ontario, there are several levels of courts, each with their own jurisdiction:
Superior Court of Justice: Hears complex commercial and civil cases, as well as appeals from lower courts.
Divisional Court: Acts as an appellate court for decisions from the Ontario Court of Justice and the Small Claims Court, and hears certain types of appeals from administrative tribunals.
Ontario Court of Justice: Handles most civil cases, including claims for damages, contract disputes, and family law matters.
Small Claims Court: Resolves disputes for amounts up to $35,000.
You'll need to figure out which court is appropriate for your specific case.
Step 2: Initiate the Process
Once you've determined jurisdiction, the next step is to initiate the legal action. This involves preparing and filing the appropriate court documents:
Statement of Claim: In a civil case, this is the document that sets out your side of the story, including the facts, the legal reasons why you're entitled to relief, and the relief you're seeking (Ontario Courts).
Notice of Motion: If you're seeking a specific type of relief that doesn't require a full-blown trial (like an order for specific performance or an injunction), you'll need to file a Notice of Motion instead of a Statement of Claim.
You'll also need to serve copies of these documents on the other party (the defendant) and file them with the court.
Step 3: Discovery
After the claim has been filed and served, the next phase is discovery. This is the process where both sides exchange information and evidence relevant to the case. Discovery can be done through:
Examinations for Discovery: Lawyers from both sides ask each other's clients questions under oath. The answers are recorded by a court reporter.
Interrogatories: Written questions that one party asks the other party to answer under oath.
Production of Documents: One party requests specific documents from the other party that are relevant to the case.
The goal of discovery is to help the parties prepare for trial by ensuring they have all the information they need. It's an important step in building a strong case.
In Ontario, a discovery plan is a crucial document that sets out the parties' agreement about all aspects of the discovery process, including both written and oral discoveries. It's created in accordance with Rule 29.1 of the Ontario Rules of Civil Procedure, which imposes an obligation on litigation counsel to meet, confer, and collaboratively develop a discovery plan.
The discovery plan serves as a roadmap for the discovery process, outlining the scope of document discovery, the timeline for exchanging documents, and the procedure for conducting examinations for discovery (CanLII). It's an agreement between all parties in the action, ensuring that everyone understands the process and their obligations (Formativelaw).
A discovery plan is especially important in complex cases, where it helps manage the vast amounts of information involved. It promotes efficiency by setting clear goals and deadles for each stage of discovery, preventing unnecessary delaboration of the process.
Step 4: Motions
Before the trial, there may be motions to handle interim issues. Motions are requests to the court for specific orders or decisions on particular aspects of the case. They can be brought at any time during the litigation process.
To bring a motion, you need to:
File a Notice of Motion: This is a formal request to the court asking for a specific order.
Serve the Notice of Motion on the other party: They must be given a chance to respond.
Attend a motion hearing: The judge will listen to arguments from both sides and make a decision.
Motions can be used to resolve issues without going to trial, save time and costs, and guide the court's approach to the main case.
Step 5: Trial
If a motion doesn't resolve all the issues, the case will proceed to trial. The trial is the main event in the litigation process, where a judge hears all the evidence and makes a decision.
The trial process involves:
Pretrial Conference: A meeting between the judge and the lawyers to discuss the issues, evidence, and potential settlement.
Trial: The presentation of evidence and arguments by both sides. The plaintiff presents their case first, followed by the defendant.
Judgment: The judge reviews all the evidence and makes a decision. They may award damages (money) to the plaintiff or make other orders.
The trial can be lengthy and complex, requiring careful preparation and presentation of evidence.
Step 6: Appeal
If either party is unsatisfied with the trial outcome, they may have the right to appeal the decision to a higher court. In Ontario, appeals are typically heard by the Divisional Court.
To appeal, you must:
File a Notice of Appeal: This is a formal request to the Divisional Court to review the lower court's decision.
Serve the Notice of Appeal on the other party: They must be given a chance to respond.
Prepare and file an Appeal Book: This contains all the important documents and transcripts from the trial.
The Divisional Court will review the trial record and may hear oral arguments from both sides. The court's decision on appeal can result in the judgment being upheld, overturned, or sent back to the trial court for further proceedings.
Step 7: Enforcement or Appeal
If you win the case, you may need to take steps to enforce the judgment. This could involve collecting the awarded damages or implementing other orders.
If you lose the case, you may have the right to appeal the decision to a higher court. The process for appealing depends on the level of court that handed down the decision.
That's a general overview of the civil litigation process in Ontario. It's a complex system with many rules and procedures, so it's important to consult with a lawyer if you're involved in a civil case.
Not legal advice
Please consult a lawyer. This website does not provide legal advice