How Long Does Litigation Really Take in Canada?

In Canada, litigation rarely unfolds as quickly as people expect. While legal dramas portray cases wrapping up within weeks or months, the reality is far more complex. The timeline of a civil lawsuit varies significantly depending on jurisdiction, court resources, case complexity, and the type of dispute involved.

Although Canada does not publish standardized “filing-to-resolution” timelines, we can draw from court data, practitioner insights, and national trends to offer realistic expectations for individuals and businesses considering legal action.

Key Takeaways

• In 2022–2023, Canada’s civil courts (excluding QC, NL, MB, SK) handled over 768,000 active cases.
• Roughly two-thirds of active cases were general civil matters; one-third were family law disputes.
• Uncontested divorces may be resolved in 3–6 months, while complex commercial litigation can take 2 to 5+ years.
• Ontario and British Columbia experience the longest delays for complex trials due to high caseloads.
• Small claims courts typically resolve disputes within 6–18 months, depending on the province.
• Mediation and arbitration can significantly reduce timelines from years to months.
• Pandemic-related backlogs continue to affect trial scheduling across multiple jurisdictions.
• Public data provides insight into caseload volumes, while resolution times are often based on practitioner estimates.

1. Why Timelines Matter

For both individuals and businesses, the duration of a legal dispute can be just as impactful as the outcome. Extended litigation drives up legal costs, disrupts operations or personal life, and prolongs uncertainty. Understanding likely timelines can help parties make informed decisions such as whether to settle early or proceed to trial.

2. Understanding the Data Challenge

Canada lacks a centralized, publicly available system that tracks average litigation timelines from start to finish. The most detailed information comes from Statistics Canada’s Civil Court Survey (2022/2023), which provides caseload volumes and types but not specific durations.

• Quebec, Newfoundland and Labrador, Manitoba, and Saskatchewan are excluded from Statistics Canada’s Civil Court Survey.
• Criminal case timelines are tracked separately and inconsistently.
• Resolution times vary significantly even within the same province depending on case complexity and court resources.

3. The Current Civil Litigation Landscape in Canada

Active Civil Cases (2022/23) (Excludes QC, NL, MB, SK)

Case Type	Active Cases	Share of Total
Family Law	252,516	32.8%
General Civil	516,099	67.2%

Family Cases Breakdown

• Divorce: 44.9%
• Parenting and support: 20.2%
• Child protection: 7.8%
• Other: remainder

General Civil Breakdown

• Motor vehicle: 21.4%
• Other civil: 21.7%
• Contract: 13.7%
• Tort: 9.8%
• Probate: 8.6%
• Collections: 7%
• Bankruptcy: 3.2%
• Other: remainder

4. Estimated Average Timelines by Case Type

These estimates combine reported practitioner experience with known procedural requirements.

Case Type	Estimated Resolution Range	Notes
Small claims (≤ $35,000)	6–18 months	Varies by province; faster in less busy courts
Simple contract disputes	1–2 years	Includes standard motions and limited discovery
Complex commercial litigation	2–5+ years	Expert evidence, multiple parties, interlocutory motions extend duration
Motor vehicle injury claims	1.5–3 years	Often depends on medical recovery timelines and insurer negotiations
Family law – uncontested divorce	3–6 months	Provided paperwork is complete and no property/parenting disputes
Family law – contested	1–3 years	Parenting and asset disputes drive longer timelines
Child protection	Under 12 months (statutory deadlines)	Subject to strict timelines, but adjournments possible
Probate (no contest)	6–12 months	Contested estates may extend 1–3 years

5. Provincial Variations

Ontario

• Ontario handles the largest volume of civil cases in the country.
• Toronto and Ottawa, in particular, face significant backlogs.
• Complex civil trials are often scheduled 18–24 months after the pre-trial conference.
• Small claims matters may take 12–18 months to resolve, with delays extending further in high-volume jurisdictions.

British Columbia

• British Columbia has adopted online and alternative dispute resolution systems to streamline case resolution.
• The Civil Resolution Tribunal (CRT) handles small claims up to $5,000 entirely online, often resolving matters within a few months.
• Supreme Court civil trials typically require 2–3 days from filing to resolution, depending on complexity and court availability.

Alberta

• Alberta focuses heavily on commercial, energy, and regulatory litigation.
• The use of Masters and case management conferences can expedite complex proceedings.
• Scheduling delays remain in certain regions, especially for contested chambers applications, which can take 6–9 months to be heard.

Atlantic Canada

• Lower population density often results in fewer filings per judge, which can lead to faster hearing dates.
• In provinces such as Nova Scotia and PEI, hearings may be scheduled within 9–12 months for less complex matters.
• However, limited judicial availability and fewer court sitting weeks can cause seasonal delays, particularly in remote or rural areas.

6. Variables Affecting the Timeline of a Civil Lawsuit

Case Complexity

Simple disputes (e.g., unpaid invoices) may resolve in 6–12 months. Multi-party commercial or construction claims often require 2–5+ years, especially where there are multiple legal issues, interlocutory motions, or expert evidence. According to Statistics Canada, contract and tort claims involving multiple parties are disproportionately represented among cases still active after five years.

Jurisdictional Rules

Provincial differences in rules of procedure and mediation requirements affect timelines. For example, mandatory mediation in Toronto, Ottawa, and Windsor resolves approximately 40% of cases before trial. In Alberta, scheduling a contested application may take 6–9 months, while in Nova Scotia, similar applications may proceed in 2–3 months.

Court Resources

Court capacity is a critical factor. Ontario, which manages over 40% of reported civil cases (excluding QC, NL, MB, SK), sees trial dates scheduled up to two years out, particularly in Toronto. In contrast, provinces with lower caseloads, such as PEI, may schedule hearings within 9–12 months, though fewer sitting weeks can offset this advantage.

Volume of Evidence

The greater the volume of evidence, the longer preparation and disclosure will take. A personal injury case may involve multiple medical reports, which can take six months or more to obtain. Commercial litigation involving e-discovery may require reviewing 100,000+ documents, delaying readiness for trial by a year or more.

Party Cooperation

Litigation proceeds more efficiently when parties comply with deadlines and cooperate on disclosure. Uncontested family law matters with complete documentation may conclude in 3–6 months. Conversely, procedural gamesmanship, such as delayed document production or repeated adjournments, can double expected timelines. In Toronto, contested parenting cases with high conflict can take three years or more to reach trial.

Statutory Deadlines

Some matters are subject to legislated timelines that expedite proceedings. For example, child protection cases in Ontario are generally expected to resolve within 12 months, under the Child, Youth and Family Services Act. Similarly, certain probate steps have statutory deadlines, though adjournments are still possible in practice.

Alternative Dispute Resolution (ADR)

Early adoption of ADR is the most effective way to reduce litigation timelines. In Ontario, 40–50% of civil cases referred to mediation resolve without proceeding to trial. Arbitration, while more costly upfront, can resolve complex disputes in 6–12 months, bypassing years of court delays. Commercial parties often contractually agree to arbitration clauses, avoiding the public court system altogether.

7. Factors That Speed Up Litigation

• Early case management – Courts that assign a case management judge early tend to move cases faster.
• Alternative dispute resolution (ADR) – Mandatory mediation (Ontario) or voluntary mediation/arbitration can resolve disputes in months.
• Electronic filing and remote hearings – Provinces that embraced virtual procedures during COVID-19 retained some efficiencies.

8. Factors That Delay Litigation

• Backlogs – Pandemic closures added years to some civil trial lists.
• Complex interlocutory motions – Injunctions, summary judgment motions, and discovery disputes can each add months.
• Expert evidence – Availability of qualified experts can push schedules back a year.
• Party tactics – Deliberate delays (e.g., late document production) remain a common strategic tool.

9. How Canada Compares Internationally

OECD data suggests Canada’s civil case timelines are mid-range among developed nations – faster than Italy or Greece, slower than Germany or Singapore. However, Canada’s federal structure means comparing one province to another can be as revealing as international comparisons.

10. Strategic Takeaways for Businesses and Individuals

• Plan for the long haul – Even straightforward commercial disputes can stretch to two years.
• Use ADR early – Negotiation or mediation often delivers results months or years sooner than trial.
• Preserve leverage – Delay can benefit the better-resourced party; strategic patience may improve settlement outcomes.
• Select counsel with jurisdiction-specific experience – A lawyer who understands the specific court’s scheduling realities can make or break timelines.

11. Conclusion

Litigation in Canada is not a sprint. In most cases, particularly in commercial disputes and contested family matters, parties should anticipate timelines measured in years rather than months. Although procedural reforms, the adoption of digital tools, and increased use of alternative dispute resolution (ADR) mechanisms have contributed to greater efficiency in some instances, persistent court backlogs, evidentiary demands, and the protection of procedural rights continue to make expedited litigation the exception rather than the rule.

For both businesses and individuals with significant interests at stake, it is essential to incorporate these timeline realities into the broader dispute resolution strategy. This may involve pursuing early settlement opportunities where appropriate or preparing for the demands of prolonged litigation.

12. FAQ

What is the litigation process in Canada?

Litigation generally involves the following stages: Pleadings (filing a claim and response); Discovery (exchange of documents and examinations); Pre-trial conference (to identify issues and explore settlement); Trial, followed by potential appeals. Timelines vary depending on case complexity, procedural motions, and court availability.

How long does a civil lawsuit take in Canada?

Most civil lawsuits take 1–3 years from filing to resolution. Small claims may resolve in under a year. Complex commercial litigation can exceed 5 years, especially if expert evidence or interlocutory motions are involved.

What is the average time for a case to go to trial in Ontario?

In Ontario, civil trials are typically scheduled 18–24 months after the pre-trial conference. In high-volume regions like Toronto, this timeline can be longer due to court backlog.

How much does litigation cost in Canada?

Costs vary widely: Small claims matters may cost a few thousand dollars. Full-scale commercial litigation may range from $100,000 to over $500,000, depending on complexity, duration, and expert involvement. Additional costs include court fees, expert reports, and disbursements.

Do family law cases take less time than civil cases?

Not necessarily. Uncontested divorces can be resolved in 3–6 months. Contested matters involving property or parenting issues may take 1–3 years, or longer if procedural disputes arise.

Which province has the fastest court system in Canada?

Atlantic provinces often resolve matters more quickly due to lower caseloads, but delays may still occur due to limited judicial availability and fewer court sitting dates.

Can mediation speed up my case?

Yes. Mediation can resolve disputes within a few months, particularly in jurisdictions with mandatory mediation, such as Ontario. Arbitration is also an effective way to avoid court scheduling delays altogether.

Did COVID-19 make court cases take longer in Canada?

Yes. Pandemic-related closures and operational disruptions led to significant backlogs in many courts, particularly in urban centres. Some of these delays continue to affect current trial scheduling.

Why doesn’t Canada publish exact case duration data?

There is no centralized national system tracking average case duration from start to finish. Public data from Statistics Canada focuses on caseload volumes and hearing events, not total resolution times. Lawyer experience and provincial reports are often the best source of duration estimates.