How does a civil trial work in Ontario Superior Court?

A civil trial in Ontario's Superior Court follows a structured procedure. Most civil trials are heard by a single judge without a jury (jury trials are possible in some civil cases, but rare in practice for commercial or contract disputes). The trial typically begins with each side delivering a brief opening statement summarizing what they intend to prove.

The plaintiff then calls their witnesses, beginning with direct examination, followed by cross-examination by the opposing party, and potentially a brief re-examination. After the plaintiff's case closes, the defendant presents their witnesses through the same process. Both sides then make closing arguments, where they argue how the evidence supports a judgment in their favour.

The judge may ask questions throughout and will reserve judgment — meaning they will take time to review the evidence and write a decision — or occasionally give an oral decision from the bench. Written reasons are issued in most contested cases.

Civil trials can last anywhere from a day to several weeks depending on complexity. The parties are bound by what was pleaded and by the evidence produced during discovery. Surprises are disfavoured; the court relies on each side having disclosed its case in advance. Trial preparation — including organizing exhibits, preparing witnesses, and completing written submissions — is intensive and is a major driver of legal costs.