If an entity believes it deserves compensation from another party or has some dispute over another party, it can legally challenge it to start a civil litigation case. They’re fairly lengthy and complicated, requiring the assistance of a civil litigation lawyer in Toronto. Here’s how these cases work:
Determining Jurisdiction
The initial part of litigation involves determining which court to take action in. The action starts in small claims court for claims of $35,000 or less. For a larger amount, the Superior Court of Justice is the option. For claims around $200,000 or less, the claim is under the Simplified Procedure Rule, while larger claims come under ordinary Rules.
If both parties agree to it, they can opt for Simplified Procedure Rule for larger claims as well. A civil lawyer in Toronto will recommend to you which jurisdiction the claim should be made in and which procedure to opt for.
Statement of Claim
The litigation process begins when the “Plaintiff” or the person harmed prepares a Statement of Claim. It details the reasons and facts as to why Plaintiff believes they’re entitled to compensation from the other party or the “Defendant”. Both of them are referred to as “parties”.
You need to submit the Statement of Claim in an applicable limitation period. Generally, it’s within two years of the Plaintiff gaining knowledge about the harm caused. These limitation periods can vary depending on the kind of claim, and your civil litigation lawyer in Toronto will give you proper insight based on your case. You can get additional time to file the Statement of Claim by issuing a Notice of Action within the limitation period.
Your litigation lawyer can draft a Statement of Claim to represent your case in a desirable position while assisting you in various court filing matters.
Statement of Defence and Counterclaim
The Statement of Defence explains why Defendant believes they should not provide compensation the Plaintiff. If Defendant has a counterclaim against Plaintiff, it’s included with the Statement of Defence. The Defendant can give a Notice of Intent to Defend if they cannot provide a Statement of Defence within the specified time, providing them additional time. Otherwise, Plaintiff can get the Defendant noted by the court in default to get a default judgment.
Civil lawyers in Toronto provide the required legal defence to defend their clients against Statement of Claim.
Reply and Defence to Counterclaim
After receiving the Statement of Defence, Plaintiff can reply to the allegations in the document. If a counterclaim was also made, a Defence to the counterclaim is also required or else the Defendant can try to obtain a default judgment against Plaintiff for the damages described in the Counterclaim.
Discoveries
The Discovery process involves the parties developing additional evidence to support their case. They also reflect on the strengths and weaknesses of both their case and the other party’s. First, there’s an agreed upon Discovery Plan under Rule 29.1.03(1), or a motion to impose a Discovery Plan
Affidavit of Documents
Within the set timeline of the discovery plan, both parties must serve each other with the Affidavit of Documents. It lists all of the documents in the party’s possession relevant to the matters in question for the litigation. For any action under the Simplified Procedures, you must include the names of those aware of matters detailed in the Statement of Claim or Statement of Defence.
Ensure that all relevant documents are included in the Affidavit of Documents, as any unlisted document by each party cannot be used during the trial to make an argument. If a party does not include a document unfavorable to their case, they risk penalties such as additional costs or case dismissal. A civil litigation lawyer will oversee these matters and prepare these documents to ensure your best interests are taken care of.
Examinations for Discovery
The legal team of both parties asks each other questions about the litigation. The examiner asks each party to take an oath, to tell the truth after transcribing the testimony. The lawyer requests a transcript of the examination to challenge evidence from the other party where any admissions can be used against them as evidence.
If any question asked to a party is thought inappropriate by their lawyer, they can refuse to permit their client from answering that question, and there’s a chance that the matter will proceed without an answer. If it’s considered appropriate, the lawyer brings a motion to the court, where the court orders the party to provide an answer to the question.
Undertakings
If someone under examination doesn’t have the necessary information for answering a question or a document as requested, they can agree to an undertaking and provide it after the examination.
Motions
Through the process, both parties can bring motions for rulings, such as excluding certain pieces of evidence or parts of pleadings from the other party.
Mediation
A mediation session is necessary to be attended by both parties within 180 days of the first Statement of Defence being served. Your lawyer will educate you on the mediation process, giving you details on how the settlement process works and how to proceed from it.
Trial and Pretrial Conference
In many cases, it’s wiser for both parties or one of them to opt for a settlement as the trial process might be more costly and damaging for them. If a settlement is not in the works, the parties will request that their case be put on the trial list.
Trial
Both parties will use evidence with the help of witnesses and often require expert evidence. The judge decides at the end of it based on the evidence, where a party can appeal in some cases if they’re not satisfied with the decision.
