The Stages of a Civil Lawsuit in Ontario: From Claim to Trial

Most people who start a lawsuit have no idea how long the road is. A civil lawsuit in Ontario does not jump straight from "I have a problem" to "a judge decides." There are structured stages, each with its own rules and deadlines, and skipping or mishandling any one of them can cost you the case. This guide walks through every stage of a civil lawsuit in Ontario in plain language so you know what to expect.

The good news: many disputes settle before trial — often at mediation or after a pre-trial conference. Understanding the full process helps you make smarter decisions at each fork in the road.

Stage 1 — Deciding Which Court and Which Procedure

Before filing anything, you need to know where your claim belongs.

Small Claims Court handles claims up to $35,000 (as of writing — verify the current limit at the Ontario Court of Justice website). It is designed to be accessible without a lawyer, although having one helps.

Superior Court of Justice handles claims above $35,000. Claims at or below $200,000 (as of writing — verify) follow the Simplified Procedure, a streamlined set of rules under the Rules of Civil Procedure. Claims above that threshold follow the Ordinary (Standard) Procedure, which allows a broader scope of discovery and more complex motions.

Choosing the right track affects discovery limits, costs exposure, and how long your case takes.

Stage 2 — Issuing the Statement of Claim

The plaintiff (the person suing) starts by filing a Statement of Claim with the court. This document identifies:

• Who is being sued and why
• The legal basis for the claim (breach of contract, negligence, unjust enrichment, etc.)
• The relief sought (money, an injunction, a declaration)

Once the court clerk issues the claim and stamps it with a court file number, the plaintiff must serve it on the defendant — delivering it in a legally recognized way within a set time period.

Limitation periods matter

Ontario's Limitations Act generally gives you two years from the date you knew (or ought to have known) about your claim to start a lawsuit. Miss that window and your claim may be permanently barred. Some claims have different limitation periods. Do not delay.

Stage 3 — Statement of Defence (and Counterclaim)

The defendant has a fixed number of days after being served to file a Statement of Defence. This document responds to the plaintiff's allegations — admitting, denying, or pleading no knowledge — and sets out the defendant's own version of the facts and legal position.

If the defendant believes the plaintiff owes them money or relief, they may file a Counterclaim at the same time. A defendant who wants to bring in a third party (e.g., blaming someone else) can serve a Third Party Claim.

The exchange of pleadings defines the issues that will be argued. Allegations not pleaded generally cannot be raised at trial.

Stage 4 — Documentary Discovery

After pleadings close, both sides exchange documents relevant to the issues. Each party delivers an Affidavit of Documents, listing:

• Documents they have and will share
• Documents they have but claim privilege over (e.g., lawyer-client communications)
• Documents they no longer have and what happened to them

Production obligations are broad. If a document is arguably relevant, you must disclose it — even if it hurts your case. Failing to produce relevant documents can result in court orders, adverse inferences at trial, or cost penalties.

Stage 5 — Examinations for Discovery

Discovery is not just documents. The Rules of Civil Procedure also allow each party to orally examine one representative of the opposing side under oath, before a court reporter. This is called an examination for discovery (or oral discovery).

Discovery allows lawyers to:

• Test the other side's evidence
• Nail down the facts the other side is committed to
• Identify weaknesses in both cases
• Gather admissions that can be read in at trial

Undertakings and refusals

During discovery, a party may undertake (promise) to provide additional information later, or may refuse to answer a question. Disputes over undertakings and refusals are resolved on motions if necessary.

Stage 6 — Motions

Throughout a lawsuit, either side can bring motions — applications to the court for a specific order before trial. Common motions include:

• Summary judgment: asking the court to decide the case (or a part of it) without a full trial because there is no genuine issue requiring one
• Discovery motions: compelling production of documents or answers
• Injunctions: ordering a party to do or stop doing something urgently
• Pleadings motions: striking out improper pleadings

Motions add time and cost. A well-run case controls motions carefully.

Stage 7 — Mandatory Mediation

In Toronto, Ottawa, and Essex County, the Rules of Civil Procedure require most civil cases to attend mandatory mediation before trial — typically after pleadings and early documentary exchange. Parties meet with a neutral mediator (not a judge) who facilitates settlement discussions.

Mediation is confidential. If no deal is reached, the mediator has no power to impose a result. But the conversations that happen in mediation frequently lead to settlement either on the day or shortly after.

Stage 8 — Pre-Trial Conference

If the case has not settled, the court schedules a pre-trial conference with a judge (not the trial judge). The purpose is to:

• Narrow the issues genuinely in dispute
• Explore whether settlement is possible
• Review trial readiness (witnesses, documents, estimated length)

A pre-trial judge may give candid assessments of each side's position. Those assessments, though non-binding, carry weight.

Stage 9 — Trial

Trial is where parties present evidence — witnesses testify, documents are entered as exhibits, and lawyers make arguments — and a judge (or in some cases, a jury) decides. Civil trials in Superior Court can run from a single day to several weeks for complex cases.

After trial, the losing party almost always pays a portion of the winning party's legal costs.

Frequently asked questions