What is civil litigation and how does it work in Ontario?
Civil litigation is the process of resolving private legal disputes through Ontario's court system rather than through negotiation alone. One party (the plaintiff) sues another (the defendant), and a judge decides the outcome if the parties cannot settle on their own.
Most civil disputes in Ontario go through the Superior Court of Justice. Smaller claims (under $35,000) are handled by Small Claims Court, which has simpler procedures. The litigation process generally follows stages: pleadings, documentary discovery, examinations for discovery, pre-trial conference, and if no settlement is reached, trial.
In practice, most cases settle before trial. Courts also encourage alternative dispute resolution such as mediation. Understanding which court and process applies to your dispute depends on the dollar amount at stake, the type of claim, and where the events occurred. Speaking with a litigation lawyer early helps you understand your options and timeline.
Key takeaways
- Civil litigation resolves private disputes through the courts when negotiation fails.
- Claims under $35,000 go to Small Claims Court; larger ones go to the Superior Court.
- Most cases settle before trial through negotiation or mediation.
- Getting legal advice early helps you understand what process applies to your situation.