What Can I Expect During Civil Litigation?

Navigating the civil litigation process is often daunting and scary. With all the “legal speak”, deadlines, motions, and meetings, it can be hard to understand the path your case will take and the steps needed to achieve a successful resolution for your matter.

To truly understand the Ontario civil litigation process, it is important to work with a civil litigation lawyer; they will guide you through each step of the process and ensure you meet the deadlines necessary to give your case the best chance of success.

However, if you have yet to find a lawyer or are still feeling confused with the process, we have put together a guide to civil litigation that will help you understand the moving parts when taking a matter to trial.

What is Civil Litigation?

Civil Litigation, by definition, is the process where two or more parties go to court to settle a disagreement on a legal matter. A civil litigator does not handle criminal charges; instead, they work with clients to either file a lawsuit, also known as suing, or they assist in defending an individual against being sued.

Due to the broad definition of civil law, there is a large breadth of disputes that would be considered a civil litigation case when it goes to court. Civil litigation includes personal injury, commercial disputes, estate litigation, fraud, labour and employment, real estate litigation, shareholder disputes, wrongful dismissal, and a range of other areas.

What is the civil litigation process?

Although the circumstances, evidence, and arguments may be different based on each case, the general steps that need to be taken when resolving the dispute remain largely the same.

Step One: Filing the Dispute

Following a dispute, the involved parties will attempt to come to a resolution; however, when negotiation does not work, an individual will need to file the matter. At this time, the plaintiff (the person bringing the case to court) or their legal team will issue a Statement of Claim that outlines the details of the matter and the facts that prove they are legally entitled to compensation. The defendant will then be able to respond with a Statement of Defence and potentially a Counterclaim against the Plaintiff.

Step Two: Discovery

After the filing stage, both parties will agree to a discovery plan. Following this, the documents that must be provided will be served to the opposing sides. In some cases, there will be a list of documents that are not permitted to be used in court – this can either help or harm your case. Working with a lawyer can ensure the evidence your case needs to be presented makes it to court.

During this phase, you will also need to take part in Examinations for Discovery, which are recorded interviews taken under oath between each party. This is the time for each party to assess the evidence, learn the strengths and weaknesses of the case, and pull together their arguments.

Step Three: Pre-Trial Motions

Prior to the trial, either party may file pre-trial motions. Motions can address issues related to evidence or can be filed to potentially have the case dismissed. Working with a lawyer can help you understand which motions are important or relevant to your case.

Step Four: Mandatory Mediation

Prior to trial, both parties must undergo mandatory mediation where they try to reach a settlement outside of court. Going to trial is costly and can often be a time-consuming process; mediation gives both parties the chance to avoid going to trial and to reach a settlement that is mutually agreed upon.

In the case the parties cannot reach a solution, the matter will be brought to court.

Step Five: Pre-Trial Conference and Trial

Prior to trial, the parties will attend a pre-trial conference with the judge to attempt to reach a settlement.

If a solution is not reached during the pre-trial conference, the matter will go to trial, and the court will make the decision. At this time, each party’s evidence, witnesses, and arguments will be heard in court. Following this, the court will rule in favour of the plaintiff or the defence.

Step Six: Appeal

If you are unhappy with the decision made by the court, you have the right to appeal the decision. Appeals are often heard at a higher court level than the original case; a lawyer will help you understand the processes associated with the particular court in which your matter will be heard.

How long is the Civil Litigation Process?

It is important to recognize that it can take a long time for a civil litigation matter to reach a resolution. In fact, depending on the circumstances and complexity of the matter, the timeline can range from months to years.

There are numerous ways that the parties can resolve a matter quickly, including alternative dispute resolution. An experienced lawyer will be able to assess your case, understand its complexity, help you understand the time frame for your particular matter, and advise on the ways to reach an efficient resolution.

Do I need a civil litigation lawyer?

Although you can represent yourself in civil litigation, working with a lawyer who understands the intricacies of the court system, recognizes the laws related to the specific facts of your case, and can help you understand the process of collecting evidence and navigating the trial process is essential.

Legal matters can be difficult to navigate, but a lawyer ensures you have the support to meet deadlines, compile effective arguments and compelling evidence, and understand what is expected of you during the process. This gives your case the best chance of success.

Why work with an RSG Civil Litigation Lawyer?

RSG Law is a full-service law firm offering services in Real Estate, Civil Litigation, Criminal Defense, Immigration, and Corporate Law. Our Civil Litigation team is positioned to provide you with comprehensive service and legal support, regardless of the complexity of your matter. Each case undergoes a thorough review, reflecting our unwavering attention to detail and precise execution, resulting in unparalleled legal service and a track record of outstanding outcomes for our clients.

Our mission is to provide seamless access to legal services, delivering round-the-clock assistance tailored to clients’ unique needs. With a strong presence in Mississauga, Brampton, and surrounding regions across Canada, we strategically serve diverse communities, ensuring top-tier legal support. Our innovative approach, marked by tenacity, ambition, creativity, and discipline, aims to achieve tangible results.