600 plain-language Q&As about litigation. Browse below, or search the whole library.
Mediation and arbitration are both forms of alternative dispute resolution (ADR) used in Ontario, but they work very differently. In mediation, a…
Read the full answer →In Ontario, parties can jointly select any accredited mediator they agree upon. If the parties cannot agree on a mediator within the time required by…
Read the full answer →Yes, in more than one way. Ontario corporate law already gives shareholders certain baseline rights to inspect specific corporate records, such as the…
Read the full answer →Yes, potentially, but not for just any inaccuracy. Under Ontario's Insurance Act and general insurance principles, an insurer may be able to void a…
Read the full answer →Yes. Ontario courts can award additional moral damages on top of ordinary notice-based damages where the manner of your dismissal itself was unfair,…
Read the full answer →If you need more time before a scheduled motion is heard, the first and usually fastest step is asking the other side to consent to postponing it.…
Read the full answer →Costs on a motion generally follow the same "loser pays" principle that applies to the lawsuit as a whole. Under the Courts of Justice Act, judges have…
Read the full answer →Contempt of court arises when a person wilfully disobeys a court order. In civil litigation in Ontario, contempt proceedings are generally available…
Read the full answer →A motion for directions asks a judge for guidance on how to proceed with a case, rather than asking for a substantive ruling on the merits of a claim.…
Read the full answer →A motion for non-suit is brought by a defendant partway through a trial, after the plaintiff has finished presenting all of their evidence but before…
Read the full answer →A motion for particulars asks the court to order the other side to provide more specific detail about allegations in their pleading before you have to…
Read the full answer →Yes — many motions in Ontario's Superior Court can be dealt with on the basis of written materials alone, without either side appearing in person or by…
Read the full answer →A factum is a written argument that lays out the facts relevant to a motion, the legal issues in dispute, and the case law and legal principles a party…
Read the full answer →A motion record is the package of documents filed with the court so a judge can understand and decide a motion. At its core, it generally includes the…
Read the full answer →If a lawsuit is missing someone who should be involved, or names someone who shouldn't be, a party can bring a motion asking the court to add, remove,…
Read the full answer →During discovery in an Ontario lawsuit, a party can be examined under oath and asked relevant questions about the case, but the other side sometimes…
Read the full answer →When two or more separate lawsuits share common questions of fact or law, or arise out of the same events, a party can bring a motion asking the court…
Read the full answer →In an Ontario civil lawsuit, the document used to compel someone to attend and give evidence at trial is generally called a summons to witness rather…
Read the full answer →If a defendant fails to file a defence within the required time, the plaintiff can have them noted in default, a formal step that can lead to default…
Read the full answer →On this specific type of motion to strike, a judge asks a narrow legal question: assuming everything pleaded in the claim is true, is it "plain and…
Read the full answer →A motion to strike asks a judge to remove all or part of a claim or defence before the case gets to trial, usually because the pleading is legally…
Read the full answer →Fault after a car accident is assessed using the same basic negligence framework used in any other injury claim: did the driver owe a duty of care to…
Read the full answer →When two policies both potentially cover the same loss, most policies include an "other insurance" clause addressing how they interact - some are…
Read the full answer →Yes. The Occupiers' Liability Act explicitly allows more than one party to be considered an occupier of the same property at the same time, since…
Read the full answer →Yes. If a lawyer, appraiser, engineer, or other professional each contributed to the same loss on a single transaction, you can generally name all of…
Read the full answer →Yes, a municipality can be sued for an injury from a fall on a public sidewalk it is responsible for maintaining, but claims against a municipality…
Read the full answer →A named perils policy only covers losses caused by the specific risks it lists - fire, theft, and windstorm, for example - so if your loss was caused…
Read the full answer →Generally no. Ontario courts have rejected the idea of "near cause" — the notion that misconduct falling short of just cause should still shrink your…
Read the full answer →In Ontario, you are legally permitted to represent yourself and negotiate a settlement without retaining a lawyer. There is no requirement that a…
Read the full answer →Yes, in the right circumstances. Ontario law recognizes claims for genuine psychiatric injury caused by witnessing or learning about an accident,…
Read the full answer →Non-compete clauses in Ontario employment contracts are enforceable only within strict limits set by courts. They are treated as restraints of trade…
Read the full answer →Yes. Ontario recognizes an upper limit on non-pecuniary damages - the compensation for pain, suffering, and loss of enjoyment of life, as opposed to…
Read the full answer →Yes, this is one of the most common modern uses of a Norwich order - seeking disclosure from a social media platform, website operator, or internet…
Read the full answer →A Norwich order is a court order, developed through the common law rather than any specific statute, that compels a third party - someone not accused…
Read the full answer →Generally, yes. Because a Norwich order compels an innocent third party - who did nothing wrong and isn't a party to the underlying dispute - to spend…
Read the full answer →Ontario courts apply a multi-factor test before granting a Norwich order, developed through the common law, generally requiring the applicant to show…
Read the full answer →Ontario's civil rules generally require a party bringing a motion to give the other side a set minimum amount of advance notice before the hearing, so…
Read the full answer →Yes. Claims involving a fall on municipal property generally come with a requirement to give the municipality written notice of the incident within a…
Read the full answer →Novation is the substitution of a new contract — or a new party — for an existing one, with the result that the old obligation is extinguished and a…
Read the full answer →The Occupiers' Liability Act requires whoever has control over a property - which is not necessarily the legal owner, but could be a tenant, property…
Read the full answer →Yes, in most cases. Under section 13 of the Limitations Act, 2002, a written and signed acknowledgment of a debt or contractual obligation, made before…
Read the full answer →Yes. While oppression claims are often thought of as being against "the corporation," Ontario's Business Corporations Act allows a court to make an…
Read the full answer →Family-run corporations are actually one of the most common settings for Ontario oppression claims, precisely because family businesses are often run…
Read the full answer →The oppression remedy, found in Ontario's Business Corporations Act, lets a court intervene when a corporation's conduct, or the conduct of those…
Read the full answer →The oppression remedy under Ontario's Business Corporations Act applies to both public and private corporations, but in practice it plays out quite…
Read the full answer →The reasonable expectations test is the central question in an Ontario oppression claim: did the shareholder have a reasonable expectation about how…
Read the full answer →Ontario's Business Corporations Act defines who qualifies as a "complainant" eligible to bring an oppression application, and it's broader than just…
Read the full answer →A breach of shareholder agreement claim is a contract claim: it asks whether a specific written term was violated, and remedies are generally tied to…
Read the full answer →Yes — under Ontario's Class Proceedings Act, 1992, most class actions are structured so that eligible class members are automatically included unless…
Read the full answer →It can, under Ontario's Limitations Act, 2002. Making a payment toward a debt can be treated as a form of acknowledgment that the debt is still owed,…
Read the full answer →When a party performs only part of what a contract required, the outcome depends on whether the contract is "entire" (requiring full performance as a…
Read the full answer →A partnership dispute is governed by partnership law and, in Ontario, the Partnerships Act, which addresses issues like how partnership property is…
Read the full answer →Ontario courts draw a sharp distinction between a liquidated damages clause and a penalty clause. A liquidated damages clause is a genuine pre-estimate…
Read the full answer →Perfecting a lien is the second step in enforcing a construction lien under the Construction Act, after preserving it. Preservation registers the claim…
Read the full answer →Your insurer generally only pays up to your policy's limit, and you are personally responsible for any amount of the judgment above that - insurance…
Read the full answer →A pre-trial conference is a meeting between the parties, their lawyers, and a judge or senior court official before a trial takes place in Ontario…
Read the full answer →Not exactly the same in practice, even though both are governed by the identical Occupiers' Liability Act standard of reasonable care. Courts recognize…
Read the full answer →In Ontario litigation, not all relevant documents must be produced to the other side. Two main forms of privilege protect certain communications from…
Read the full answer →Yes. Probationary employees can sue for wrongful dismissal, though the practical entitlement during a genuine probationary period is often much smaller…
Read the full answer →Yes. A manufacturer owes a duty of care to the people who will ultimately use its products, even without any direct contract between them, and can be…
Read the full answer →You need to prove four things: your accountant owed you a duty of care, they breached the standard expected of a reasonably competent accountant, that…
Read the full answer →Yes. A professional defending a negligence claim can argue that you contributed to your own loss - for example, by withholding relevant information,…
Read the full answer →The general goal is to put you in the position you would have been in if the professional had met the required standard of care - not to punish the…
Read the full answer →To some extent, but not completely. Ontario courts will generally enforce a clearly worded limitation-of-liability or exclusion clause in an engagement…
Read the full answer →It's difficult, and courts approach these claims cautiously. Ontario generally requires you to prove causation on a balance of probabilities - meaning…
Read the full answer →Generally, no - simply recommending a professional, without more, doesn't make the person who gave the referral liable for that professional's later…
Read the full answer →A regulatory complaint asks the professional's governing body - the Law Society, CPA Ontario, the real estate regulator, or similar - to investigate…
Read the full answer →Usually yes, and it's often the more practical route. A firm - whether a partnership, professional corporation, or employer - is generally vicariously…
Read the full answer →When a professional does substandard work, Ontario law generally lets you sue in both negligence (a tort duty owed independently of any agreement) and…
Read the full answer →Ontario courts measure a professional against what a reasonably competent member of that same profession would have done in the same circumstances,…
Read the full answer →The Construction Act's prompt payment regime sets out fixed timelines for paying valid invoices on a construction project, aiming to keep money flowing…
Read the full answer →Courts interpret public interest broadly for anti-SLAPP purposes - it is not limited to political or government matters, and can include commentary on…
Read the full answer →Yes, but rarely. Punitive damages are reserved for genuinely exceptional cases where an employer's conduct is found to be so harsh, malicious, or…
Read the full answer →Qualified privilege protects certain statements made in circumstances where the person making them has a legal, moral, or social duty or interest in…
Read the full answer →Ontario courts calculate common law reasonable notice by weighing a set of factors together, rather than applying a fixed formula tied to years of…
Read the full answer →Ontario follows the principle that "costs follow the event" — the winning party in civil litigation is generally entitled to a costs award against the…
Read the full answer →Rescission unwinds a contract as if it never existed, returning both parties to their pre-contract positions. It is different from termination for…
Read the full answer →Generally, yes. Ontario courts have long recognized that a person who is injured while reasonably attempting to rescue someone else from a danger…
Read the full answer →A reservation of rights letter is written notice from your insurer that it will defend you against a lawsuit for now, while formally preserving its…
Read the full answer →Courts distinguish a genuine resignation from a constructive dismissal by looking at whether the employee actually intended, freely and clearly, to end…
Read the full answer →Receiving a demand letter can be stressful, but ignoring it is almost never the right response. The first step is to read it carefully and understand…
Read the full answer →The responsible communication defence protects publishers - most often journalists and media outlets, though it is not limited to them - who publish a…
Read the full answer →Under Ontario's Rules of Civil Procedure, Rule 49 allows either party in a Superior Court civil case to make a formal "offer to settle" at any time…
Read the full answer →Yes, in appropriate circumstances. School boards and their staff owe students a duty to provide reasonable supervision, suited to the children's age,…
Read the full answer →A security for costs motion asks the court to order a plaintiff to post money or other security upfront, to guarantee that if the defendant wins and is…
Read the full answer →A judgment creditor in Ontario can direct the sheriff to seize and sell a motor vehicle owned by the judgment debtor. However, Ontario's Execution Act…
Read the full answer →Yes, to some extent — Ontario courts have recognized that a self-represented litigant who wins a case can still receive a costs award, even though they…
Read the full answer →Several resources exist specifically to help people navigate Ontario court paperwork without a lawyer, though none of them replace actual legal advice…
Read the full answer →Cross-examination is a skill that takes real preparation and judgment, and doing it without experience carries genuine risks for a self-represented…
Read the full answer →Ontario judges generally have some recognized obligation to help ensure a self-represented litigant understands the basic process unfolding in front of…
Read the full answer →Some recurring mistakes come up often when self-represented litigants file motions in Ontario's Superior Court. A common one is filing an affidavit…
Read the full answer →To some degree, yes, but it has real limits. Ontario judges generally recognize that navigating court procedure without legal training is genuinely…
Read the full answer →An individual has the right to represent themselves in an Ontario Superior Court civil lawsuit, whether as a plaintiff or a defendant, without needing…
Read the full answer →Yes, genuinely so. A settlement reached without any legal advice carries real risk precisely because it's usually final: once you sign a release or…
Read the full answer →Sending a demand letter to a business in Ontario requires identifying the correct legal entity. A business might operate as a sole proprietorship, a…
Read the full answer →Ontario's civil procedure rules recognize certain categories of claims connected closely enough to Ontario — such as those involving a contract made or…
Read the full answer →To get court approval for an alternative method of service, a plaintiff generally has to show two things: that the usual method of service isn't…
Read the full answer →Where Ontario's civil rules allow a document to be served by mail, the law generally treats it as received on a specific deemed date after mailing,…
Read the full answer →An Ontario statement of claim generally has to be served within a set period after it's issued by the court, and missing that window doesn't…
Read the full answer →If a defendant is genuinely dodging service — refusing to answer the door, avoiding a known address, or otherwise making personal delivery impractical…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
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