600 plain-language Q&As about litigation. Browse below, or search the whole library.
A motion is an application made to the court to obtain an order during the course of a lawsuit — before trial. Motions deal with procedural or…
Read the full answer →A motion is a formal request to the court asking it to make a specific ruling or order during the course of a lawsuit, rather than at the final trial.…
Read the full answer →Yes, parties in Ontario can settle some claims or issues in a lawsuit while leaving others to continue to trial. This is sometimes called a partial…
Read the full answer →A Rule 49 offer (named after Rule 49 of Ontario's Rules of Civil Procedure) is a formal written offer to settle a lawsuit that triggers cost…
Read the full answer →A settlement offer is a formal proposal made by one party to another to resolve a lawsuit without going to trial. In Ontario civil litigation,…
Read the full answer →A Statement of Claim is the court document that formally starts a civil lawsuit in Ontario. If a creditor is suing you for a debt, they file the Claim…
Read the full answer →A Terms of Payment hearing is a step in Small Claims Court where the court determines how a judgment will be paid if the defendant cannot pay it all at…
Read the full answer →Destroying or failing to preserve relevant documents after litigation has started — or after you reasonably should have expected litigation — can have…
Read the full answer →An affidavit of documents is a sworn document listing all the documents a party has (or had) that are relevant to the issues in the litigation. In…
Read the full answer →An injunction is a court order requiring a person or organization to stop doing something (a prohibitory injunction) or to take a specific positive…
Read the full answer →Yes. In Ontario, a party can seek an injunction — a court order requiring someone to stop (or sometimes start) doing something. An interlocutory…
Read the full answer →An anticipatory breach occurs when one party, before the performance date arrives, makes it unequivocally clear — through words or actions — that they…
Read the full answer →Yes, in most cases you have a right to appeal a civil court decision in Ontario, but there are important limitations. Appeals from Small Claims Court…
Read the full answer →Arbitration and court litigation are both adjudicative processes that produce a binding decision, but they differ significantly in procedure, cost,…
Read the full answer →Balance of probabilities is the standard of proof that applies in civil cases in Ontario. It means the party making a claim must prove that their…
Read the full answer →A case conference is a court-supervised meeting between the parties and a judge or case management master to manage how a case is progressing. In…
Read the full answer →A case conference is a meeting held before a judge in Ontario Superior Court to manage the progress of a lawsuit. Case conferences are used at various…
Read the full answer →Civil litigation is the process of resolving private legal disputes through Ontario's court system rather than through negotiation alone. One party…
Read the full answer →A class action is a type of lawsuit in Ontario where one or more representative plaintiffs bring a claim on behalf of a large group of people who have…
Read the full answer →Once a class action is certified in Ontario, the court approves a notice program to reach potential class members — typically some combination of…
Read the full answer →"Close of pleadings" refers to the point in Ontario civil litigation at which all the pleadings have been exchanged between the parties and the issues…
Read the full answer →Contempt of court occurs when a person deliberately disobeys or disregards a court order or interferes with the administration of justice. In Ontario…
Read the full answer →The cost of civil litigation in Ontario varies enormously depending on the type of case, its complexity, whether it settles or goes to trial, and the…
Read the full answer →Yes. The Rules of the Small Claims Court give a judge discretion to award costs against a party who has acted in bad faith, brought a claim without a…
Read the full answer →In Ontario civil litigation, the general rule is that the losing party pays some portion of the winning party's legal costs. This is called a costs…
Read the full answer →Ontario civil litigation generally follows a "loser pays" costs regime, but the amount recovered is almost never 100% of actual legal fees. Courts…
Read the full answer →Yes. In Ontario, a defendant who has a claim against the plaintiff arising out of the same or related transaction can assert it as a counterclaim…
Read the full answer →If you are served with a statement of claim in Ontario and do not file a statement of defence within the required time, the plaintiff can move for a…
Read the full answer →Discovery is the stage of civil litigation where each party gathers information from the other side about the facts and evidence in the case. In…
Read the full answer →Yes, in some circumstances Ontario civil procedure allows you to obtain records or question individuals who are not parties to the lawsuit. This is…
Read the full answer →Examinations for discovery (called "discoveries" in practice) are a pre-trial procedure in Ontario's civil courts where each party has the right to…
Read the full answer →A discovery plan is an agreement between the parties that sets out how they will conduct document production and examinations for discovery in an…
Read the full answer →Discovery is a pre-trial phase in Ontario civil litigation where each party is required to disclose relevant evidence to the other side. It has two…
Read the full answer →In Ontario civil litigation, documentary discovery is the process by which each party must identify and produce documents relevant to the issues in the…
Read the full answer →Winning a judgment is only the first step — collecting the money requires separate enforcement steps. In Ontario, you have several tools available to…
Read the full answer →An examination for discovery is a formal questioning session where a party (or in some cases their representative) is examined under oath by the…
Read the full answer →The questioning itself is similar in both courts — a judgment debtor can be required to attend and answer questions under oath about income, assets,…
Read the full answer →Yes, expert witnesses play an important role in many Ontario civil cases. Where a fact or opinion is beyond the knowledge of an ordinary person — such…
Read the full answer →Garnishment in Ontario is a court-supervised enforcement mechanism that allows a judgment creditor to collect money owed by intercepting payments that…
Read the full answer →Wage garnishment is one of the most effective tools for enforcing a court judgment in Ontario when the debtor is employed. Once you have a judgment,…
Read the full answer →A limitation period is a legal deadline by which you must start a court proceeding. If you miss it, you generally lose the right to sue — even if your…
Read the full answer →Ontario's Limitations Act establishes a basic two-year limitation period for most civil claims. This means you generally have two years from the day…
Read the full answer →In Ontario, the Limitations Act, 2002 contains several provisions that can pause (or "toll") a limitation period, preventing time from running against…
Read the full answer →No. Communications between a client and their lawyer for the purpose of obtaining legal advice are protected by solicitor-client privilege and do not…
Read the full answer →Yes, in many Ontario jurisdictions, mediation is mandatory for civil lawsuits commenced in the Superior Court of Justice. Under Ontario Regulation 194,…
Read the full answer →Mandatory mediation is a requirement under Ontario's Rules of Civil Procedure (Rule 24.1) that parties in certain civil cases must attend a structured…
Read the full answer →In Ontario, mandatory mediation applies to most civil cases in Toronto, Ottawa, and Essex County under Ontario's Civil Procedure rules. In those…
Read the full answer →In Ontario, a proceeding in the Superior Court of Justice can be started either by a statement of claim or by a notice of action. A notice of action is…
Read the full answer →In Ontario's Superior Court of Justice, a proceeding can be started using either a statement of claim or a notice of application, depending on the…
Read the full answer →Particulars are further details about the allegations made in a pleading. If a statement of claim or statement of defence is vague or does not provide…
Read the full answer →The Personal Property Security Registry (PPSR) — administered under the Ontario Personal Property Security Act (PPSA) — is a registration system for…
Read the full answer →If you are served with a statement of claim and do not file a statement of defence within the deadline — generally 20 days if served in Ontario, 40…
Read the full answer →Yes. Once a judgment is entered against you in Ontario, the judgment creditor can serve you with a Notice of Examination requiring you to attend court…
Read the full answer →"Pre-litigation" refers to everything that happens before a formal court claim is filed. In Ontario civil disputes, the pre-litigation phase typically…
Read the full answer →A pre-trial conference in Ontario is a mandatory meeting held before a judge shortly before a civil trial is scheduled. Both counsel (or…
Read the full answer →Yes. In Ontario, the Courts of Justice Act entitles successful plaintiffs to interest on their judgment, and Small Claims Court applies the same…
Read the full answer →A pretrial conference is a meeting held before trial in Ontario civil litigation, where a judge or associate judge meets with the parties (and usually…
Read the full answer →The doctrine of privity of contract means that, generally speaking, only parties to a contract can sue to enforce it or be sued under it. If you were…
Read the full answer →Proportionality is a core principle in Ontario's Rules of Civil Procedure. It means that the steps taken in litigation should be proportionate to the…
Read the full answer →A court-appointed receiver is an officer designated by the court to take control of a debtor's property or business for the purpose of preserving and…
Read the full answer →A reply is a pleading filed by the plaintiff in response to the defendant's statement of defence. A reply is not always required — in Ontario, if the…
Read the full answer →Generally, no. Once a court has made a final decision on a matter between the same parties, Ontario law prevents those parties from relitigating the…
Read the full answer →Rule 49 of Ontario's Rules of Civil Procedure allows parties in Superior Court litigation to make a formal offer to settle that carries specific cost…
Read the full answer →Ontario's Simplified Procedure (Rule 76 of the Rules of Civil Procedure) is a streamlined litigation track in the Superior Court designed for cases…
Read the full answer →Ontario's Simplified Procedure (Rule 76 of the Rules of Civil Procedure) applies to civil claims in the Superior Court where the amount at stake does…
Read the full answer →Small Claims Court in Ontario handles civil monetary claims up to $50,000 (as of recent rules). It is designed to be simpler, faster, and less…
Read the full answer →In Ontario civil cases — including Small Claims Court — the standard of proof is the balance of probabilities. This means you must show that it is more…
Read the full answer →A statement of claim is the document that formally starts a civil lawsuit in Ontario's Superior Court of Justice. It sets out who is suing (the…
Read the full answer →A statement of claim is the document you file to formally start a lawsuit in Ontario's Superior Court of Justice. It is the first "pleading" in a civil…
Read the full answer →A statement of defence is the document a defendant files to respond to a statement of claim in Ontario Superior Court. It admits or denies the…
Read the full answer →A summary judgment motion asks the court to decide all or part of a case without a full trial. The moving party argues that there is no genuine issue…
Read the full answer →A summary judgment motion in Ontario is an application to a court to decide a case or specific issues without a full trial, on the basis that there is…
Read the full answer →Summary judgment is a procedure in Ontario civil litigation that allows a court to decide a case — or a specific issue in a case — without a full…
Read the full answer →Ontario's Small Claims Court hears civil disputes where the amount claimed is $50,000 or less, not counting interest and court costs. If your loss is…
Read the full answer →The Courts of Justice Act is the foundational Ontario statute that establishes the structure, jurisdiction, and powers of Ontario's courts. It creates…
Read the full answer →In Ontario, a mediator's role is to facilitate discussion and help the parties reach their own agreement. A mediator does not make a binding decision,…
Read the full answer →Pleadings are the formal written documents that define what a lawsuit is about. In Ontario Superior Court litigation, the main pleadings are the…
Read the full answer →Yes. In Ontario, if you are a defendant and you believe a third party (someone not currently in the lawsuit) is wholly or partly responsible for the…
Read the full answer →A tort is a civil wrong — not a breach of a contractual obligation — that entitles the harmed person to claim damages from the wrongdoer. The most…
Read the full answer →A trial record is a bound compilation of key documents filed with the court in advance of a civil trial in Ontario Superior Court. It typically…
Read the full answer →Unjust enrichment is an equitable claim that arises when one party is enriched at the expense of another, with no juristic reason — no valid legal…
Read the full answer →Yes. Ontario courts have authority to declare a person a vexatious litigant and require them to obtain court permission before starting or continuing…
Read the full answer →"Without prejudice" is a label used on settlement communications to signal that the communication cannot be used as evidence in court if negotiations…
Read the full answer →A writ of seizure and sale is an enforcement tool in Ontario that authorizes the sheriff to seize and sell the judgment debtor's real or personal…
Read the full answer →A well-drafted demand letter in Ontario should clearly identify who you are and who you are writing to, describe the facts giving rise to your claim in…
Read the full answer →Ontario Small Claims Court handles civil money claims up to $50,000 arising from a wide range of disputes. Common types include unpaid invoices or…
Read the full answer →A charging order is an enforcement remedy available in Ontario that allows a judgment creditor to obtain a charge — similar to a lien — over a debtor's…
Read the full answer →Almost any person or business can file a claim in Ontario Small Claims Court, including individuals, sole proprietors, corporations, partnerships, and…
Read the full answer →Under Ontario's mandatory mediation rules (Rule 24.1), the parties share the mediator's fee equally unless they agree otherwise. Each party pays an…
Read the full answer →Ontario law allows a court to order a solvent corporation wound up on the "just and equitable" ground in situations where continuing the corporation…
Read the full answer →The phrase "without prejudice" — when used properly — signals that a communication is made in the context of an attempt to settle a dispute and cannot…
Read the full answer →"Without prejudice" is a legal label that signals a communication is being made in an attempt to settle a dispute and should not be introduced in court…
Read the full answer →Yes — a writ of seizure and sale filed with the sheriff in Ontario doesn't remain valid forever; it expires six years from the date it was issued…
Read the full answer →A judgment creditor can generally register a writ of seizure and sale against real property even where the judgment debtor owns it jointly with someone…
Read the full answer →Yes — under Ontario's Limitations Act, 2002, a written and signed acknowledgment that a debt is owed can restart the limitation clock, treating the…
Read the full answer →In Ontario, most contracts for the sale of goods do not need to be in writing to be legally enforceable. A verbal deal to buy and sell goods is…
Read the full answer →No, a written contract is not strictly required to sue for a debt in Ontario. Oral contracts are legally enforceable, and courts regularly hear cases…
Read the full answer →No. There is no fixed maximum on common law wrongful dismissal damages, the way there might be for some other kinds of claims. Damages are calculated…
Read the full answer →Generally, yes. Seniority and the character of the position are among the recognized factors Ontario courts weigh in calculating common law reasonable…
Read the full answer →Not directly. Working remotely is not itself treated as a distinct factor that courts add to the reasonable notice calculation, but it can influence…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
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