A quick-reference guide to the words you'll hear if your dispute goes to court.
Who this is for & what you'll get: You're involved in — or thinking about — a civil dispute in Ontario, and the language is a wall. This glossary defines 32 of the most common litigation terms in one or two plain sentences each, grouped so you can find them fast. Keep it beside you when you read a court document or talk to a lawyer.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
How to use this glossary
Civil litigation — a lawsuit between people, businesses, or both, as opposed to a criminal case — runs on a vocabulary of its own. The terms below are grouped under four headings: People & Documents, Steps & Procedure, Outcomes & Money, and Concepts. Definitions are general and written for Ontario.
Terms you'll hear together: You'll often hear plaintiff + statement of claim + cause of action in one breath at the start of a case; examination for discovery + disclosure + affidavit during the middle; and judgment + costs + garnishment at the end.
People & Documents
Plaintiff — The person or business that starts the lawsuit by suing someone. If you're the one bringing the claim, you're the plaintiff.
Defendant — The person or business being sued. The defendant responds to the plaintiff's claim.
Statement of claim — The document the plaintiff files to begin a lawsuit in the Superior Court of Justice. It sets out who's being sued, what happened, and what the plaintiff wants.
Defence (Statement of Defence) — The defendant's written response to the claim, admitting or denying the allegations and stating their side.
Counterclaim — A claim the defendant makes back against the plaintiff within the same lawsuit. In effect, "you sued me, and I'm suing you too."
Pleadings — The collective name for the formal documents that define the dispute — typically the statement of claim, the defence, and any counterclaim or reply. The pleadings frame what the case is about.
Affidavit — A written statement of facts that the author swears or affirms is true, signed before a commissioner or notary. Affidavits are used to put evidence before the court in writing, especially on motions.
Steps & Procedure
Examination for discovery — A pre-trial step where each side questions the other, under oath, about the case — usually outside the courtroom, with a court reporter. It's where you learn what the other side will say and what evidence they have.
Disclosure — The obligation to share relevant documents with the other side. In Ontario civil cases each party generally must reveal the documents relevant to the issues, even unhelpful ones, so there are fewer surprises at trial.
Motion — A request to the court to decide a specific issue before (or sometimes instead of) trial — for example, to dismiss part of a claim, compel disclosure, or set a deadline. Motions are often argued on affidavits.
Summary judgment — A motion asking the court to decide all or part of a case without a full trial, on the basis that there's no genuine issue requiring one. It can resolve a dispute faster and cheaper when the key facts aren't really in dispute.
Mediation — A confidential process where a neutral mediator helps the parties try to reach their own settlement. The mediator doesn't decide who's right; they help the sides find common ground. Taking part is usually voluntary, but Ontario's rules make mediation mandatory in most civil actions in Toronto, Ottawa, and Essex County.
Arbitration — A private process where the parties agree to have a neutral arbitrator hear the dispute and make a decision, often binding, instead of going to court. Common where a contract requires it.
Small Claims Court — A branch of the Ontario Superior Court for smaller civil disputes, designed to be faster, simpler, and more affordable, with a monetary limit on what can be claimed. Confirm the current dollar limit with the court — as of writing, it is set by Ontario regulation and can change.
Superior Court of Justice — Ontario's main trial court for larger civil claims (above the Small Claims limit) and more complex matters. Its procedures are more formal than Small Claims Court.
Appeal — Asking a higher court to review a decision for a legal error. An appeal is not a fresh trial; it generally focuses on whether the lower court got the law or process wrong.
Outcomes & Money
Judgment — The court's final decision in a case, including who wins and what (if anything) must be paid or done. Winning a judgment is separate from collecting it.
Default judgment — A judgment the plaintiff can obtain when the defendant fails to respond to the claim in time. The defendant's silence can mean the plaintiff wins by default.
Damages — Money the court orders one party to pay another as compensation. Damages come in types:
- General damages — Compensation for losses that can't be precisely calculated, like pain, suffering, or loss of reputation.
- Special damages — Compensation for specific, measurable, out-of-pocket losses, like repair bills, medical expenses, or lost wages with receipts.
- Punitive damages — An additional award meant to punish particularly bad conduct and deter it, rather than to compensate a loss. These are uncommon and awarded only in serious cases.
Settlement — An agreement between the parties to resolve the dispute on agreed terms, ending the case without (or before) a trial. Most civil cases settle.
Costs — A money award covering some of the legal expenses of the case, which the losing side is often ordered to pay to the winner. Costs rarely cover all of a party's actual legal fees, but they can be significant.
Garnishment — An enforcement tool where the court orders a third party who owes the debtor money — such as an employer (wages) or a bank (account) — to pay it toward the judgment instead. Used to collect after you've won.
Writ of seizure and sale — A court enforcement document that, once registered, acts like a lien on the debtor's property — generally preventing a clean sale or refinance until your judgment is dealt with, and allowing proceeds to flow to you. Another collection tool.
Concepts
Cause of action — The legal basis for suing — the recognized type of claim that the facts support, such as breach of contract or negligence. No cause of action, no lawsuit.
Liability — Legal responsibility. To say a party is "liable" is to say the court has found (or may find) them legally responsible for the harm or breach in question.
Damages (as a concept) — Beyond the specific types above, "damages" is also the general idea that the law's usual remedy for a wrong is money to put the injured party in the position they'd have been in.
Limitation period — A legal deadline for starting a claim. In Ontario, the Limitations Act, 2002 sets out limitation periods, and missing one can bar your claim entirely. Confirm the period that applies to your situation with a lawyer — don't rely on a remembered number.
Balance of probabilities — The standard of proof in civil cases: a fact is proven if it's more likely than not to be true (think "51%"). This is a lower bar than the "beyond a reasonable doubt" standard used in criminal cases.
Without prejudice — A label on communications (often settlement discussions) meaning they generally can't be used against you as an admission if the matter later goes to court. It lets parties negotiate frankly without fear their offers will be held against them.
Mini-FAQ
Do I have to know all of these to handle my own case? No — but knowing the words for the stage you're at (pleadings early, discovery in the middle, enforcement at the end) makes documents far easier to follow.
What's the difference between mediation and arbitration? A mediator helps you reach your own agreement and decides nothing; an arbitrator actually decides the dispute, often in a binding way.
Is Small Claims Court "real" court? Yes. It's a branch of the Superior Court of Justice with simpler rules and a dollar limit — but its judgments are real and enforceable.
If I win, do I automatically get my money? No. A judgment is a finding that you're owed money; collecting it is a separate process using tools like garnishment and a writ of seizure and sale.
How Treadstone Law can help
Legal jargon shouldn't be a barrier to understanding your own dispute. Treadstone Law explains your matter in plain language, tells you where you stand, and handles the litigation steps — from pleadings through enforcement — on your behalf.
- Flat, transparent fees for defined stages — no mystery hourly bills.
- Online intake — start from anywhere in Ontario at treadstonelaw.ca/start-file.
- Talk to a person — call 1-844-900-1070.
- Learn more about our litigation services at treadstonelaw.ca/litigation, see typical costs at treadstonelaw.ca/pricing, or start now at treadstonelaw.ca/start-file.
We serve clients across Ontario, with an office in Mississauga and full virtual service province-wide.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.