What actually happens at a civil trial in Ontario Superior Court?
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 jury in most civil trials (juries are used in some defamation or personal injury cases and must be specifically requested).
The plaintiff presents their case first: they call witnesses, introduce documents into evidence, and examine their witnesses. The defendant can cross-examine each witness after the plaintiff examines them. Once the plaintiff closes their case, the defendant presents their evidence in the same way. The plaintiff may call reply evidence to address new matters raised by the defence.
After all evidence is heard, both sides make closing arguments (submissions). The judge then decides the case, either immediately or in a reserved judgment delivered later. The judge must apply the civil standard of proof, which is the balance of probabilities — meaning the plaintiff must show it is more likely than not that their version of events is correct. Costs are typically dealt with after judgment.
Key takeaways
- Civil trials are heard by a judge; juries are rare and must be specifically requested.
- The plaintiff presents evidence first; the defendant follows.
- The standard of proof is balance of probabilities — more likely than not.
- The judge delivers judgment and then typically deals with costs.