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Legal Blog: Civil Litigation
Sep
13
2013
Should I start a lawsuit if I’m still negotiating?
You have to start a lawsuit within a set time after a wrong has been done (usually two years), or you can lose the right to sue. So even if the negotiations are going well, if the limitation period id approaching you will usually have to start an action to protect your rights and keep the negotiations moving forward.
Continue Reading >Sep
12
2013
What is an expert report?
Sometimes the bare facts of what happened are not enough for a lawsuit, an opinion regarding the impact of those facts may be necessary. Witnesses usually state facts (what they know to be true). Experts can give opinion evidence on what the results of those facts will be.
Continue Reading >Sep
11
2013
What happens if the defendant does not defend a lawsuit?
If a defendant ignores a statement of claim, then a default judgment can be made against that defendant, as long as they were properly served.
Continue Reading >Sep
10
2013
What are pleadings?
Almost every lawsuit starts with a statement of claim and is then defended with a statement of defence. These are the pleadings. The pleadings set out the main facts of the lawsuit, so that the other party knows what claim is being made, or what defence is being asserted. The pleadings set out the basic facts for the parties at trial as well. Pleadings can sometimes be amended during litigation if needed, but not always.
Continue Reading >Sep
09
2013
Who are the parties to a lawsuit?
Every lawsuit has at least one plaintiff, who starts the action. The defendant(s) are the people against whom the action is commenced. A party can be a person, the government, or a corporation.
Continue Reading >Sep
06
2013
What are the Rules of Civil Procedure of Ontario?
The Rules of Civil Procedure govern the way in which civil legal actions are conducted in Ontario. The Rules outline how actions are started, how they are defended, how evidence is exchanged, and how actions can be brought to trial. They ensure that the parties to a lawsuit all work with the same set of rules.
Continue Reading >Sep
05
2013
How long does it take to get to trial?
Every case is different. There are several stages to every case, and it can take a significant amount of time to bring a case to trial (if it goes that far).
Continue Reading >Sep
04
2013
What can I sue for in civil court?
Most lawsuits are for money only. This can be for breach of contract, or damages for an injury. Sometimes other remedies are available, and a court may order a person or business to either do something or stop doing something, such as fulfill the terms of a contract. This type of relief is less common than lawsuits for money alone.
Continue Reading >May
31
2013
I have to go to trial soon. Can anyone who wants from the public watch my private business being discussed at a civil trial?
Almost always the answer is yes. Civil trials are open to the public. However, very few civil trials are of interest to anyone other than the parties involved, unless there are celebrities involved or the details of the case are particularly titillating. Most often the court is empty at civil trials except for the parties themselves.
Continue Reading >May
30
2013
What is a summary judgment motion?
In some cases one of the parties (hopefully the other guy!) has such a weak case, that the other party thinks a trial is unnecessary. That party will bring on a summary judgment motion. Essentially you go to court and ask a judge to dismiss the other party’s claim or defence on the basis that there is no issue in question requiring a trial. If the judge agrees, he or she will grant the motion, or a judge could disagree and order a trial.
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