600 plain-language Q&As about litigation. Browse below, or search the whole library.
Collecting a debt through Ontario's courts involves two steps: getting a judgment, and then enforcing it. If someone owes you money and will not pay…
Read the full answer →A coverage action (sometimes called a declaratory action) is a separate court proceeding where an insurer or an insured asks a judge to formally decide…
Read the full answer →Yes. A corporation can sue for defamation in Ontario over statements that damage its business reputation, using largely the same legal framework that…
Read the full answer →Generally, no. For most forms of defamation in Ontario, particularly libel and the categories of slander treated the same way, damage to reputation is…
Read the full answer →Yes, in principle, but these claims face a significant practical hurdle because employer references are typically protected by qualified privilege,…
Read the full answer →Yes. Defamation cases in Ontario can be heard by a jury, and either party generally has the ability to request one, which is somewhat unusual since…
Read the full answer →Yes. The Libel and Slander Act requires anyone intending to sue over an alleged libel published in a newspaper or broadcast to first give the publisher…
Read the full answer →Yes, in principle. A business can pursue a defamation claim over a negative online review if the review contains false statements of fact that damage…
Read the full answer →Generally, no, if the statement is a genuine expression of opinion rather than an assertion of fact. Defamation claims target false statements…
Read the full answer →Not dramatically harder in terms of the basic legal test, but practically more challenging in some respects. Ontario law does not create a separate,…
Read the full answer →Yes. Ontario law generally treats repeating, sharing, or republishing someone else's defamatory statement as its own separate act of publication,…
Read the full answer →A retraction does not erase the fact that a defamatory statement was published, so it is not a complete defence, but it can meaningfully reduce the…
Read the full answer →Yes. Certain recognized categories of slander are treated as automatically presumed to cause damage, without the plaintiff needing to prove actual…
Read the full answer →Yes. A social media post can absolutely form the basis of a defamation claim in Ontario, since it is published, meaning shared with at least one other…
Read the full answer →Whether you can charge interest on unpaid contract amounts in Ontario depends on whether your contract provides for it. If the contract specifies an…
Read the full answer →A default judgment is a court order awarding you what you claimed because the defendant failed to defend the case. In Ontario, when you file a claim…
Read the full answer →A default judgment in Ontario is a judgment against a defendant who has failed to file a defence within the required time after being served with a…
Read the full answer →Yes, anything you write in a demand letter can potentially be used as evidence in court proceedings. A demand letter is not protected by any automatic…
Read the full answer →Yes, a demand letter is almost always the right first step when a contractor's invoice goes unpaid in Ontario. A clear, professional letter sets out…
Read the full answer →Yes, a demand letter is often the right first step in a defamation dispute in Ontario. A defamation demand typically asks the other party to retract…
Read the full answer →A demand letter from a lawyer typically carries more weight than one written by the claimant personally, and for several reasons. The recipient…
Read the full answer →A demand letter on its own is not legally binding. It is a notice that communicates your position and what you want the other party to do. It does not…
Read the full answer →No. Sending a demand letter does not pause, suspend, or restart the limitation period for your legal claim in Ontario. Under the Limitations Act, 2002,…
Read the full answer →Yes, you can include a demand for legal fees or costs in your demand letter, but whether you are entitled to recover them depends on the outcome of any…
Read the full answer →There is no fixed legal deadline set by Ontario statute for responding to a demand letter. The sender sets the deadline, and it is typically somewhere…
Read the full answer →Ontario's Small Claims Court rules do not require you to send a demand letter before filing a claim. You can go straight to the courthouse and file…
Read the full answer →Generic demand letter templates available online may give you a useful starting structure, but they come with real risks when applied to an Ontario…
Read the full answer →Yes. Ontario's Business Corporations Act requires a shareholder (or other eligible complainant) to obtain leave - formal permission from the court -…
Read the full answer →A derivative action lets a shareholder (or another eligible complainant) bring a lawsuit in the corporation's name to enforce a right or remedy that…
Read the full answer →Small Claims Court and the Superior Court of Justice are both part of Ontario's court system but differ significantly in scope, procedure, and cost.…
Read the full answer →Yes. Directors of an Ontario corporation owe the corporation a fiduciary duty to act honestly and in good faith in the corporation's best interests,…
Read the full answer →Directors and officers (D&O) insurance is designed to protect individual directors and officers from the financial consequences of being personally…
Read the full answer →There are a few common ways to have a construction lien removed from title. If the lien was never validly preserved or perfected - for example, it was…
Read the full answer →In Ontario civil litigation, a plaintiff who wishes to withdraw their claim after filing it must generally file a Notice of Discontinuance with the…
Read the full answer →In Ontario, the two-year limitation period under the Limitations Act, 2002 does not automatically begin on the date of the alleged wrong. It starts on…
Read the full answer →In limited circumstances, yes — Ontario courts can dispense with service entirely, meaning a party isn't required to serve a document on someone at all…
Read the full answer →Dissent and appraisal rights let a shareholder who votes against certain fundamental corporate changes - such as an amalgamation, a sale of…
Read the full answer →No. You have the right to dispute a debt you do not recognize, and you should do so promptly and in writing. When a collection agency first contacts…
Read the full answer →Ontario law recognizes the doctrine of election in some contexts: where two remedies are genuinely inconsistent with each other — for example,…
Read the full answer →Strong documentation is one of the most powerful advantages you can have in Ontario civil litigation. Courts decide disputes based on evidence, and…
Read the full answer →Most settlements between capable adult parties in Ontario do not require court approval. Once both sides agree and sign the necessary documents, the…
Read the full answer →Yes. Once a court judgment is issued in Ontario, the unpaid amount begins to accrue post-judgment interest under the Courts of Justice Act. The rate is…
Read the full answer →Yes. Ontario's Limitations Act includes specific protections for people who cannot manage their own legal affairs. The limitation period does not run…
Read the full answer →In Ontario, the residential tenancy system works differently from many other provinces: landlords can only collect a last month's rent deposit, not a…
Read the full answer →Yes. Ontario's Dog Owners' Liability Act allows a person injured by a dog bite to hold the owner liable without needing to prove the owner was careless…
Read the full answer →Yes. The Dog Owners' Liability Act's strict liability is not limited to the dog's registered or legal owner; it also extends to a person who has…
Read the full answer →Yes. Provocation is one of the main ways a dog owner can reduce or defeat liability under the Dog Owners' Liability Act, since the strict liability the…
Read the full answer →Yes. The Dog Owners' Liability Act imposes a form of strict liability on dog owners for injuries their dog causes by biting or attacking a person, or…
Read the full answer →Generally, no — duty counsel, the on-site lawyers available to assist people appearing in criminal court on a given day, isn't provided the same way…
Read the full answer →Generally, no. Canadian courts, including in Ontario, have been reluctant to impose a duty of care on a purely social host - someone hosting a private…
Read the full answer →Ontario courts decide whether a duty of care exists using a two-stage framework the Supreme Court of Canada set out for negligence claims. At the first…
Read the full answer →Generally, yes. Ontario courts assess the duty to defend by looking at the substance of the allegations in the statement of claim against you, and if…
Read the full answer →A duty to defend means your liability insurer has to pay for and manage your legal defence against a lawsuit, usually by appointing a lawyer, once the…
Read the full answer →Your insurer's duty to defend generally runs only to you, its own insured - not to co-defendants who aren't covered under your policy, even if you're…
Read the full answer →The duty to defend is the insurer's obligation to pay for and conduct your legal defence once a lawsuit against you could potentially fall within your…
Read the full answer →Yes. Ontario law imposes a duty to mitigate on a party who suffers a contract breach. This means you must take reasonable steps to reduce your losses…
Read the full answer →Yes. A dismissed employee generally has a duty to make reasonable efforts to find comparable new employment during the notice period, rather than…
Read the full answer →Yes. Electronic records — including emails, text messages, instant messages, voicemails, spreadsheets, and files stored on computers or in the cloud —…
Read the full answer →Yes, electronic communications such as emails, text messages, social media posts, and chat logs are regularly admitted as evidence in Ontario civil…
Read the full answer →To win a defamation claim in Ontario, you generally need to prove three things: that the statement was defamatory, meaning it would tend to lower your…
Read the full answer →In Ontario, demand letters are not formal court documents, so there are no strict rules about how they must be delivered. You can send a demand letter…
Read the full answer →Yes, you can generally still pursue a wrongful dismissal claim even if your former employer becomes insolvent, but practically collecting on that claim…
Read the full answer →In many cases, yes — Ontario courts can recognize and enforce a judgment obtained in another country's courts, effectively treating it as if it were an…
Read the full answer →Under Ontario's Arbitration Act, 1991, a private domestic arbitration award is generally enforceable much like a court judgment, but it still requires…
Read the full answer →Yes — a costs award is generally enforceable in the same way as any other judgment amount, and a creditor doesn't have to treat it as a lesser or…
Read the full answer →Whether an RRSP is protected from an ordinary judgment creditor depends significantly on how the RRSP is structured and, in some cases, on the specific…
Read the full answer →Generally, no — not directly, and this is one of the reasons trusts are sometimes used for asset protection planning. Where a debtor is only a…
Read the full answer →Generally, no — not automatically. A core principle of Ontario corporate law is that a corporation is a separate legal entity from its directors and…
Read the full answer →In principle, yes — cryptocurrency is generally treated as a form of property that can be reached to satisfy a judgment, but enforcing against it in…
Read the full answer →Yes — a judgment debt generally doesn't disappear just because the debtor dies before it's fully collected. It becomes a claim against the deceased…
Read the full answer →Enforcing a judgment against a numbered company that appears to have no visible assets often starts with using Ontario's tools to find out what the…
Read the full answer →Equitable execution is an enforcement remedy developed by courts of equity that allows a judgment creditor to pursue assets that cannot easily be…
Read the full answer →The Employment Standards Act sets only a statutory minimum floor for notice of termination, and for some employees severance pay, based on a graduated…
Read the full answer →Once you reasonably anticipate litigation in Ontario — whether you plan to be the plaintiff or you believe a claim may be brought against you — you…
Read the full answer →An examination in aid of execution is a court process available to a judgment creditor in Ontario. Once you have a court judgment, you can serve the…
Read the full answer →An examination for discovery is a pre-trial oral questioning session where a party in an Ontario lawsuit must answer questions under oath about the…
Read the full answer →A judgment debtor who is properly summoned to an examination in aid of execution is generally required to attend and answer relevant questions about…
Read the full answer →A primary insurer responds first, up to its policy's limits, while an excess insurer's obligations only begin once the primary policy's limits are…
Read the full answer →Ontario courts generally interpret insurance policies in two steps: first, whether your loss falls within the broad grant of coverage the policy…
Read the full answer →Expert evidence is permitted in Ontario civil trials when the subject matter requires specialized knowledge beyond the ordinary experience of a judge…
Read the full answer →Whether you need an expert witness depends entirely on the type of claim and what you need to prove. Ontario courts require expert evidence when a…
Read the full answer →If mediation in Ontario does not result in a settlement, the case continues through the regular litigation process. The mediator files a report with…
Read the full answer →A failure to warn claim argues that a product itself may have been reasonably designed and manufactured, but that the manufacturer did not adequately…
Read the full answer →Fair comment protects genuine expressions of opinion, rather than statements of fact, made on a matter of public interest, provided the opinion is…
Read the full answer →Yes. The Family Law Act gives certain close family members of a seriously injured person - such as a spouse, parent, child, or sibling - the right to…
Read the full answer →Ending a fixed-term employment contract before its stated end date can expose an employer to paying out the entire remaining balance of the term,…
Read the full answer →Yes — Ontario law allows a creditor to challenge a transfer of assets made by a debtor with the intent to defeat, hinder, or delay creditors, sometimes…
Read the full answer →When an unforeseen event makes performance of a contract radically different from what was agreed — or outright impossible — Ontario courts may find…
Read the full answer →An entire agreement clause states that the written contract represents the complete agreement between the parties and that no prior representations,…
Read the full answer →A judgment creditor can generally attempt to garnish a bank account held jointly by a debtor and their spouse, but doing so is more complicated than…
Read the full answer →Whether a judgment creditor can garnish pension or retirement income in Ontario depends heavily on the type of pension and where the money currently…
Read the full answer →Yes — garnishment in Ontario isn't limited to bank accounts; it can generally reach any debt a third party owes to your judgment debtor, provided that…
Read the full answer →Gathering strong evidence before filing a claim in Ontario dramatically improves your position. Courts decide disputes based on evidence, and the…
Read the full answer →Yes. Ontario's Good Samaritan Act protects a person who voluntarily and without expecting compensation provides emergency first aid or medical…
Read the full answer →Generally, an individual member of a group can sue for defamation over a statement aimed at the group as a whole only where the group is small enough,…
Read the full answer →Yes. Ontario's Employment Standards Act includes specific rules that apply when an employer terminates a significant number of employees at the same…
Read the full answer →The Construction Act requires anyone paying for services or materials on an improvement - typically the owner paying the general contractor, and each…
Read the full answer →Yes, in many circumstances. The Construction Act permits holdback obligations to be satisfied using an irrevocable letter of credit or an equivalent…
Read the full answer →The Construction Act allows holdback to be released on a phased or milestone basis for larger projects, rather than requiring the entire project to be…
Read the full answer →Generally, yes, within limits. An owner (or a payer further up the chain) who has a genuine, quantifiable claim for deficient work - work that wasn't…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
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