Civil Litigation Lawyer

Civil litigation in Ontario, Canada, refers to the process of resolving legal disputes between individuals, businesses, or organizations through the court system. These disputes typically involve issues such as contracts, property rights, negligence, personal injury, or employment matters. Civil litigation does not include criminal cases (which are handled separately) but focuses on resolving disputes where one party seeks compensation, remedy, or another form of relief from another party.

The Rules of Civil Procedure set out the processes and procedures for civil cases in Ontario. They provide guidelines for filing lawsuits, serving documents, responding to claims, pre-trial procedures, and the trial process itself.

A civil lawsuit is typically initiated by filing a Statement of Claim (Form 14A) in the court. The claim must be served on the defendant(s) within a specific period, generally six months for claims in Ontario. The rules also govern how and when the claim should be served.

The rules provide specific timelines for different steps in civil litigation:

• Service of Statement of Claim: within six months of issuance.
• Defence: typically within 20 days after service (or 40 days if served outside Ontario).
• Discovery: at least 90 days before trial, but this can vary depending on the case.

Discovery is a process where parties exchange information and documents relevant to the case. There are two main types:

• Documentary Discovery: parties must disclose relevant documents.
• Examination for Discovery: oral questioning of the opposing party or witness under oath.

Discovery is typically conducted at least 90 days before trial to allow for sufficient preparation.

Motions are formal requests made to the court for orders or directions during litigation. The rules allow for motions to be heard at different stages of the case, such as:

• Motions to strike pleadings (Rule 21),
• Motions for summary judgment (Rule 20),
• Motions for adjournments or to extend timelines.

Motions are typically scheduled in advance, and supporting affidavits must be filed in support.

Yes, the court has the discretion to dismiss a case or take other actions if a party fails to comply with the rules. For instance, if a party does not serve documents or respond to motions in a timely manner, the court can dismiss the case or strike out the pleadings.

In some cases, a Case Management Judge may be appointed to manage the progress of the case, particularly in complex or multi-party litigation. The judge can issue directions and set timelines for filing documents, motions, and other procedural aspects to ensure efficient case management.

A pre-trial conference is a meeting between the judge and the parties to discuss the case before trial. Pre-trial conferences help identify issues, explore settlement possibilities, and establish timelines for the trial.

The parties are required to attend a pre-trial conference before a civil case can proceed to trial (Rule 50.03).

To appeal a civil case decision, the party must file a Notice of Appeal (Form 61A) with the appropriate appellate court. The notice must be filed within 30 days after the judgment is made. The appeal must demonstrate that the trial court made an error of law, fact, or procedure.

A summary judgment motion allows a party to seek judgment before trial, asserting that there is no genuine issue for trial. The court can grant summary judgment if it determines that no material facts are in dispute and the party is entitled to judgment as a matter of law (Rule 20).

The rules encourage settlement, and parties are required to participate in good faith negotiations. Settlement can occur at any stage, and the parties may request the court’s assistance in facilitating settlement, often through a mediation or settlement conference.

The court may award costs to a party that succeeds in a lawsuit. The general rule is that the losing party pays the winning party’s costs, but the amount awarded can vary based on the complexity of the case and the conduct of the parties (Rules 57.01 and 57.02). The rules also outline what can be considered when determining costs, including whether there was unreasonable delay or failure to cooperate.

Documents must be filed with the court in accordance with the prescribed formats. The Court Forms must be used, and filing can be done either in person at the court or electronically (e-filing). Documents must be served on the other party (or their lawyer) following specific service rules (Rule 16).

A civil litigation lawyer must ensure compliance with the Rules of Civil Procedure at every stage of the litigation process. They are responsible for advising clients on procedural matters, filing documents correctly, and ensuring deadlines are met.

Yes, the rules allow for expedited procedures in certain cases, such as where time is critical (e.g., injunctions, restraining orders). The court may order an expedited hearing or trial for urgent matters.

Costs may include:

• Hourly rates for the lawyer’s time.
• Fixed fees for specific services.
• Court filing fees and other administrative costs.
• Expert witness fees if applicable (e.g., appraisers, property valuers).
• Necessary disbursements, such as photocopy, courier, mail, process server’s fees