What does 'pre-litigation' mean in an Ontario civil dispute?
"Pre-litigation" refers to everything that happens before a formal court claim is filed. In Ontario civil disputes, the pre-litigation phase typically includes gathering evidence, identifying the legal issues, sending demand letters, and exploring whether the dispute can be resolved without going to court.
The pre-litigation stage is important for several reasons. It gives both parties the opportunity to assess the strength of their positions, understand what evidence is available, and consider the cost and time involved in litigation. Courts in Ontario generally expect parties to make reasonable efforts to resolve disputes before filing, and judges can take into account a party's conduct during this phase when awarding costs.
Common pre-litigation steps include: obtaining legal advice to understand your rights; gathering documents, records, and witness information; sending a demand letter; and attempting negotiation or mediation. Some contracts require parties to complete a formal dispute resolution process before either side can go to court.
The pre-litigation stage also matters because the applicable limitation period keeps running. In Ontario, the general rule is a two-year limitation period from discovery. Investing time in pre-litigation should not come at the expense of missing your window to file.
Key takeaways
- Pre-litigation covers all steps taken before a court claim is formally filed.
- It includes evidence gathering, demand letters, negotiation, and mediation.
- Ontario courts expect reasonable pre-litigation efforts to resolve disputes.
- The limitation period runs during this phase — do not delay too long.