300 plain-language Q&As about Ontario litigation. Browse below, or search the whole library.
As a general rule, Ontario breach-of-contract remedies aim to compensate your loss, not strip the defendant's gain. The traditional position is that…
Read the full answer →Hearsay is an out-of-court statement — something someone said or wrote outside the courtroom — that is offered in court as proof that what was said is…
Read the full answer →An adverse inference is a conclusion that a court is permitted to draw against a party who fails to produce evidence that they could reasonably be…
Read the full answer →An affidavit is a written, sworn statement of facts made under oath or affirmation before a commissioner for taking oaths, a notary public, or another…
Read the full answer →Yes, Ontario civil court decisions can generally be appealed, but there are rules about where you appeal to and strict deadlines. Appeals from Small…
Read the full answer →If your contract contains an arbitration clause, disputes covered by it are generally resolved through private arbitration rather than the courts.…
Read the full answer →If a contract contains a mandatory arbitration clause, Ontario courts will generally give effect to it. Under the Arbitration Act, 1991 (for domestic…
Read the full answer →In Ontario, the basic limitation period for most civil claims is two years from the date you discovered (or reasonably should have discovered) that you…
Read the full answer →A confidentiality clause (or non-disclosure provision in a broader commercial contract) is enforceable in Ontario and its breach entitles the injured…
Read the full answer →If a contractor fails to complete work, does it deficiently, or abandons a project in Ontario, you may have several legal tools available. A claim for…
Read the full answer →Yes. If your employer has breached the written or implied terms of your employment contract, you may have a civil claim for breach of contract. The…
Read the full answer →Franchise agreements in Ontario are governed both by the contract itself and by the Arthur Wishart Act (Franchise Disclosure), 2000, which imposes…
Read the full answer →An indemnity clause requires one party (the indemnifier) to compensate the other (the indemnitee) for specified losses, claims, or costs — including…
Read the full answer →A breach of a non-disclosure agreement (NDA) is a breach of contract, and the same remedies available for other contract breaches apply. In Ontario,…
Read the full answer →Ontario law recognizes a duty of honest performance in contracts. The Supreme Court of Canada established in Bhasin v Hrynew that parties must not lie…
Read the full answer →In Ontario civil litigation, the standard of proof is the balance of probabilities — you must show that it is more likely than not that your version of…
Read the full answer →An Agreement of Purchase and Sale (APS) for Ontario real property is a binding contract. If one party refuses to close without a valid legal reason,…
Read the full answer →If a service provider — a renovation contractor, IT consultant, event planner, or any other — fails to deliver what their contract promised, you have…
Read the full answer →A settlement agreement is itself a contract, and if one party fails to honour it, the other party can sue to enforce it as a breach of contract. In…
Read the full answer →Software development contracts give rise to frequent disputes in Ontario, often because scope, deliverables, and acceptance criteria were poorly…
Read the full answer →In Ontario civil litigation, the general rule is that the party making a claim bears the burden of proving it. This means the plaintiff — the person…
Read the full answer →Yes, in Ontario a settlement offer can generally be withdrawn at any time before it is accepted, unless the offer states that it is open for acceptance…
Read the full answer →Yes, corporations can both sue and be sued in Ontario Small Claims Court, as long as the claim does not exceed the $35,000 monetary limit. A…
Read the full answer →A creditor cannot freeze or garnish your bank account simply by asking your bank. They must first obtain a court judgment against you. Once they have a…
Read the full answer →In Ontario, most debts are governed by the Limitations Act, 2002. The basic limitation period is two years from the day you knew — or ought to have…
Read the full answer →In Ontario, you do not personally inherit a deceased parent's debts simply by being their child or heir. A person's debts are obligations of their…
Read the full answer →Ontario's Collection and Debt Settlement Services Act places strict limits on when a collector may contact third parties. In general, a collector can…
Read the full answer →Ontario law provides remedies when a debtor transfers assets to prevent creditors from collecting on a judgment. The primary tool is the Fraudulent…
Read the full answer →Yes. Government creditors — particularly the Canada Revenue Agency (CRA) — have enforcement tools that private creditors do not. The CRA, for example,…
Read the full answer →Yes, parties in Ontario can amend their pleadings, but the rules become stricter the further along the litigation has progressed. Early in the…
Read the full answer →Yes, a Small Claims Court decision can be appealed, but the right to appeal is limited. An appeal lies to the Divisional Court (a branch of the…
Read the full answer →In Ontario, you are not legally required to have a lawyer attend mediation with you, but it is strongly advisable, especially in cases involving…
Read the full answer →Incorporating a business creates a separate legal entity. In general, a creditor of a corporation can only pursue the corporation for its debts — not…
Read the full answer →Ontario courts can award costs — a contribution toward legal fees and disbursements — to the successful party in most civil proceedings. However, a…
Read the full answer →In Small Claims Court, the rules on recovering legal costs are more limited than in the Superior Court. If you win, the court may award you a…
Read the full answer →Yes, Ontario courts have the authority to award interest on money judgments even when the underlying agreement did not specify an interest rate. The…
Read the full answer →Yes, but you need to take additional legal steps. You cannot simply use your Ontario judgment's writ in British Columbia, Alberta, or another province…
Read the full answer →Yes. Ontario has legislation — the Reciprocal Enforcement of Judgments Act — that allows judgments from designated reciprocating provinces and…
Read the full answer →Garnishing income from a self-employed person is more challenging than garnishing wages from an employer, but it is not impossible. For a traditionally…
Read the full answer →No. In Ontario and across Canada, you cannot be imprisoned simply for failing to pay a civil debt. The era of debtors' prisons ended long ago, and…
Read the full answer →Recovering the cost of a demand letter depends on whether your dispute ends up in court and whether the court includes that expense in its costs award.…
Read the full answer →Yes, but the process depends on how your claim and judgment are structured. A guarantor who signs a personal guarantee agrees to be liable for the debt…
Read the full answer →Yes. Ontario Small Claims Court is designed to be accessible to people without legal training, and self-represented litigants are common. The court's…
Read the full answer →Claims for emotional distress or mental suffering are among the harder cases to bring in Small Claims Court. Unlike claims for a broken item or an…
Read the full answer →A contract may include a "forum selection clause" specifying that any dispute must be resolved in the courts of a particular province. If the clause…
Read the full answer →Yes. A judgment creditor in Ontario can file a writ of seizure and sale with the sheriff's office in the county where you own real property. Once…
Read the full answer →Yes, a former landlord can sue you for unpaid rent in Ontario, but the appropriate forum depends on the amount and circumstances. For most residential…
Read the full answer →Ontario's Limitations Act allows parties to vary the standard limitation period in some circumstances, but with important restrictions. Since 2016,…
Read the full answer →Both are written notices delivered before or instead of litigation, but they seek different things. A demand letter typically asks the other party to…
Read the full answer →Class actions are available in Ontario under the Class Proceedings Act, 1992 and can include claims for breach of contract where the same contractual…
Read the full answer →A class action is a lawsuit where one or more representative plaintiffs sue on behalf of a larger group of people who have suffered the same or similar…
Read the full answer →No, settlement agreements are not automatically confidential in Ontario. Unless the parties expressly include a confidentiality or non-disclosure…
Read the full answer →Yes, contingency fee agreements are permitted in Ontario for most civil litigation matters. Under a contingency fee arrangement, the lawyer agrees to…
Read the full answer →When contract language is ambiguous, Ontario courts apply well-established principles to determine its meaning. The primary goal is to give effect to…
Read the full answer →The cost of litigating a contract dispute in Ontario varies widely depending on the amount at issue, the court, and how far the matter proceeds. In…
Read the full answer →The cost of a civil lawsuit in Ontario depends on the court, the complexity of the case, and whether you hire a lawyer. There are two main layers:…
Read the full answer →Yes. In Ontario civil litigation, a defendant who has been sued for breach of contract can file a counterclaim against the plaintiff in the same…
Read the full answer →Yes, in Ontario civil proceedings, a defendant who has been sued can bring a counterclaim against the plaintiff. A counterclaim is a claim made by the…
Read the full answer →When multiple creditors have filed writs of seizure and sale against the same debtor and there are insufficient assets to satisfy everyone, Ontario's…
Read the full answer →Yes, a creditor or collection agency can report a debt to a credit bureau even while the debt is disputed. Equifax and TransUnion are private…
Read the full answer →Cross-examination is the questioning of a witness by the party who did not call them. At an Ontario civil trial, once a witness gives their evidence in…
Read the full answer →When a contract is breached in Ontario, the primary remedy is compensatory damages — money designed to put you in the position you would have been in…
Read the full answer →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 →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 →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 →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 →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 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. 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 →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 →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 →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 →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 →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 →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 →If the other side fails to honour a settlement they agreed to in Ontario, you have several options. The most straightforward depends on how the…
Read the full answer →Ontario follows a "loser pays" approach to costs, meaning the party that loses a case typically must pay a portion of the winning party's legal costs.…
Read the full answer →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…
Read the full answer →A writ of seizure and sale is a court document that a successful judgment creditor can file with the sheriff's office in the county or district where…
Read the full answer →Proper service is a critical step in Small Claims Court. The plaintiff must deliver the issued Plaintiff's Claim to every defendant within the time set…
Read the full answer →Wage garnishment in Ontario is a post-judgment remedy. After a creditor wins or obtains a judgment in court, they can ask the court to issue a Notice…
Read the full answer →Enforcing a judgment against a partnership in Ontario involves both the partnership as an entity and, in most cases, the individual partners…
Read the full answer →The timeline of a civil lawsuit in Ontario varies widely depending on the complexity of the case, the court's backlog, and whether the parties settle.…
Read the full answer →Timeline varies significantly depending on the amount of the debt, which court is involved, and whether the case is contested. In Small Claims Court —…
Read the full answer →The time it takes to collect after obtaining a judgment depends almost entirely on the debtor's financial circumstances and asset profile. There is no…
Read the full answer →The duration of a civil lawsuit in Ontario varies enormously depending on the court, the complexity of the dispute, and whether the case settles. There…
Read the full answer →The duration of an Ontario civil lawsuit in the Superior Court of Justice varies widely depending on complexity, the parties' conduct, court…
Read the full answer →The timeline for a Small Claims Court case in Ontario varies considerably depending on the court location, how complex the dispute is, and whether the…
Read the full answer →In Ontario, a court judgment is generally valid as a basis for enforcement for twenty years. However, the practical interaction with the limitation…
Read the full answer →Winning a Small Claims Court judgment is only the first step — you then need to take enforcement action to actually collect the money, because the…
Read the full answer →Winning a Small Claims Court judgment gives you the legal right to be paid, but actually collecting the money is a separate process called enforcement.…
Read the full answer →After obtaining a judgment in Ontario — either from Small Claims Court or the Superior Court — you can issue a Notice of Garnishment directed to the…
Read the full answer →To start a Small Claims Court case in Ontario, you complete a Plaintiff's Claim (Form 7A), which asks you to identify the parties, describe what…
Read the full answer →Ontario courts recognize that contracts sometimes carry terms that the parties never expressly wrote down. Implied terms can arise in several ways.…
Read the full answer →An injunction is a court order directing a party to do something or, more commonly, to stop doing something. In Ontario, injunctions are granted by the…
Read the full answer →Yes. An injunction is a court order directing a party to do something or — more commonly in contract disputes — to stop doing something that breaches a…
Read the full answer →Yes, mediation in Ontario is confidential, and what is said during a mediation session generally cannot be used as evidence in any subsequent court…
Read the full answer →A judgment against an insolvent or asset-stripped corporation can be very difficult to collect. If the company has genuinely dissolved or disposed of…
Read the full answer →Legal Aid Ontario provides publicly funded legal assistance, but its civil litigation coverage is limited. Most civil legal aid funding in Ontario is…
Read the full answer →Whether a letter of intent (LOI) or heads of agreement is legally binding in Ontario depends on its contents and the intentions of the parties as…
Read the full answer →Yes. Limitation of liability clauses — which cap the damages recoverable for a breach or exclude liability for certain types of loss — are common in…
Read the full answer →In Ontario, the standard limitation period for a breach of contract claim is two years from the date of discovery under the Limitations Act, 2002.…
Read the full answer →In Ontario, the two-year limitation period under the Limitations Act, 2002 does not run against a person who is under 18 years old, provided they do…
Read the full answer →In Ontario, the Limitations Act, 2002 sets out the rules for how long you have to start a civil lawsuit. The general limitation period is two years…
Read the full answer →The standard limitation period for personal injury claims in Ontario is two years from the date of discovery under the Limitations Act, 2002. For most…
Read the full answer →In Ontario, both tort claims (such as negligence, nuisance, or defamation) and contract claims are generally subject to the same two-year basic…
Read the full answer →Third-party litigation funding has become increasingly accepted in Canada, including Ontario, particularly for high-value commercial disputes. Under…
Read the full answer →A material adverse change (MAC) clause — sometimes called a material adverse effect (MAE) clause — appears in many commercial contracts, particularly…
Read the full answer →Under Rule 24.1 of the Rules of Civil Procedure, mandatory mediation in Ontario must take place within 180 days after the first defence is filed in a…
Read the full answer →In some Ontario civil cases, mediation is mandatory before proceeding to trial. Under Ontario's civil procedure rules, mandatory mediation applies to…
Read the full answer →In Ontario, mandatory mediation applies to most civil actions (including contract disputes) commenced in Toronto, Ottawa, and Windsor. Under the…
Read the full answer →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 →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 →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 →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 →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 →In Ontario, the general limitation period for a breach-of-contract claim is two years from the date you discovered — or reasonably ought to have…
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 →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 →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 →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 →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 →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 →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 →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 →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 →Yes. Ontario procedural law allows a defendant who is sued for a debt or damages to raise a set-off — applying a cross-claim against the plaintiff to…
Read the full answer →Ontario has eliminated the limitation period for civil claims arising from sexual assault and other specified sexual misconduct in certain…
Read the full answer →Yes. Small Claims Court in Ontario is designed for money claims up to $35,000 (exclusive of interest and costs). If someone owes you money — whether…
Read the full answer →Ontario Small Claims Court handles civil money claims up to the limit set by provincial regulation. The monetary limit has been adjusted over time by…
Read the full answer →Ontario's Small Claims Court handles civil claims up to a monetary limit, which has been set at $35,000. If your claim is for an amount equal to or…
Read the full answer →Yes. Specific performance is an equitable remedy available in Ontario courts that orders the breaching party to actually carry out what they promised,…
Read the full answer →Specific performance of a contract for the sale of goods is available in Ontario, but it is granted far less readily than for real property. Courts…
Read the full answer →Standard form (or "click-wrap" / "sign here") contracts are common and generally enforceable in Ontario, even when the signing party has no real…
Read the full answer →In Ontario, the general limitation period for personal injury claims is two years from the date you discovered your claim — meaning when you knew or…
Read the full answer →Claims involving real property in Ontario can engage different limitation rules depending on what the claim is about. The standard two-year…
Read the full answer →A lump sum settlement means you receive the full agreed amount in a single payment, usually shortly after the settlement is finalized. A structured…
Read the full answer →Suing for a contract breach in Ontario generally follows several stages. First, send a written demand letter setting out what the other party did wrong…
Read the full answer →Yes, you can sue the Ontario provincial government or a municipality, but special rules apply. The province and its Crown agencies can be sued in…
Read the full answer →Yes, there are special procedural requirements when suing Ontario government bodies that go beyond the standard two-year limitation period under the…
Read the full answer →A summary judgment motion is a way to resolve a civil case — or a significant part of it — without going through a full trial. Under Ontario's Rules of…
Read the full answer →Whether settlement proceeds are taxable in Canada depends primarily on what the money is compensating for, not simply on the fact that it came from a…
Read the full answer →Yes, in Ontario a defendant in a lawsuit can bring in a third party — someone not already a party to the action — by issuing a Third Party Claim under…
Read the full answer →A "time is of the essence" clause in an Ontario contract means that the stated deadlines are strict conditions of the contract, not merely targets. If…
Read the full answer →In Ontario examinations for discovery, an undertaking is a promise made during the examination to provide specific information, documents, or answers…
Read the full answer →Verbal contracts are generally enforceable in Ontario — the law does not require most contracts to be in writing to be valid. What matters is that…
Read the full answer →Yes. Rights under a contract can be waived — intentionally or inadvertently — through words, conduct, or a course of dealing that the other party…
Read the full answer →Pleadings are the formal written documents that define the dispute between the parties at the outset of a lawsuit. In Ontario civil litigation,…
Read the full answer →Undertakings are promises made during an examination for discovery to provide information or documents that you do not have on hand at the time of…
Read the full answer →Ontario's Execution Act provides a list of personal property that is exempt from seizure under a writ of execution. These exemptions exist to ensure…
Read the full answer →Under Ontario's Limitations Act, a claim is "discovered" — and the two-year clock starts — on the earliest day you knew or ought reasonably to have…
Read the full answer →In Ontario civil litigation, each party must produce all documents in their possession, custody, or power that are relevant to the matters in dispute —…
Read the full answer →Small Claims Court trials in Ontario follow simplified evidence rules compared to the Superior Court, but you still need to present credible proof of…
Read the full answer →Once both parties accept a settlement, the next step is to formalize it so it becomes legally binding and enforceable. In Ontario, this typically means…
Read the full answer →If the other side does not respond to your demand letter by the deadline you set, you generally have two options: send a follow-up final demand or…
Read the full answer →Winning a Small Claims Court judgment against someone who has no money or assets — sometimes called a "judgment-proof" debtor — is a frustrating but…
Read the full answer →A settlement conference is a mandatory step in Small Claims Court proceedings in Ontario once a Defence has been filed. It takes place before a deputy…
Read the full answer →At a civil trial in Ontario Superior Court, each side presents their evidence and arguments before a judge, who then decides the outcome. There is no…
Read the full answer →A typical Ontario mediation session begins with all parties and their lawyers gathering in a meeting room, either in person or by video conference. The…
Read the full answer →A pre-trial conference is a meeting held before trial, presided over by a judge or case management master, where the parties discuss the issues in…
Read the full answer →A Settlement Conference is a mandatory step in most contested Small Claims Court cases in Ontario. It is an informal meeting held before a deputy judge…
Read the full answer →When a debtor files for bankruptcy in Canada under the Bankruptcy and Insolvency Act, an automatic stay of proceedings takes effect immediately. This…
Read the full answer →Ignoring debt collectors does not make the debt disappear. In Ontario, if a creditor or its collection agency continues to hold a valid, time-limited…
Read the full answer →If a debtor leaves Ontario before you complete enforcement, your Ontario judgment remains valid — it does not expire because the debtor moved. However,…
Read the full answer →This is a legally risky approach and you should get legal advice before doing it. In Ontario, and under the Criminal Code of Canada, threatening to…
Read the full answer →Missing a Small Claims Court date can have serious consequences depending on which side you are on and which type of hearing you miss. If you are the…
Read the full answer →A breach of contract happens when one party to a binding agreement fails to do what they promised — or does something they agreed not to do. In…
Read the full answer →A certificate of judgment is an official court document that certifies the existence and terms of a court judgment. In Ontario, once a Small Claims…
Read the full answer →A Certificate of Pending Litigation (CPL) is a document registered on the title of a property in Ontario to warn prospective buyers or lenders that…
Read the full answer →In Ontario, collection agencies are licensed by FSRA and regulated under the Collection and Debt Settlement Services Act. The Act sets out specific…
Read the full answer →A consent order is a court order made with the agreement of all parties rather than as a result of contested proceedings. It has the same legal force…
Read the full answer →A consumer proposal is a formal insolvency option under federal law — the Bankruptcy and Insolvency Act — administered by a Licensed Insolvency Trustee…
Read the full answer →Cross-examination is the questioning of a witness by the opposing party's lawyer after that witness has given their evidence (examination-in-chief). In…
Read the full answer →A default judgment is issued when a defendant in a civil lawsuit does not file a Statement of Defence within the required time after being served with…
Read the full answer →If a defendant is properly served and does not file a Defence within the time allowed by the Rules of the Small Claims Court, you can ask the court for…
Read the full answer →If you are served with a statement of claim in Ontario's Superior Court of Justice, you have a set time to file a document called a "statement of…
Read the full answer →A Defendant's Claim (Form 10A) is the Small Claims Court mechanism that allows a defendant to bring their own claim in the same proceeding. It is…
Read the full answer →Yes. In Ontario litigation, a defendant who is owed money by the plaintiff on a related matter can raise a defence of set-off, arguing that the amounts…
Read the full answer →A demand letter is a formal written notice you send to another party before starting a court case. It sets out what you are claiming, why you believe…
Read the full answer →A Mareva injunction — also called a freezing order — is an extraordinary pre-judgment remedy that a court can grant to prevent a defendant from…
Read the full answer →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 →A class action is a lawsuit where one or more representative plaintiffs sue on behalf of a larger group of people (the "class") who share similar legal…
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 →An examination in aid of execution — also called an examination of judgment debtor — is a court procedure in Ontario that allows a judgment creditor…
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 →Pleadings are the formal documents exchanged between the parties in the early stage of a civil lawsuit that define what each side is claiming or…
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 (formerly Rule 76, now integrated into the court's proportionality rules) applies to civil claims in the Superior Court…
Read the full answer →Small Claims Court in Ontario handles civil monetary claims up to $35,000 (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 $35,000 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 $35,000 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 →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 →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…
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