1. Pursuing a Claim

There are several procedural steps to initiating a commercial or civil litigation claim in Cambridge. The plaintiff must prepare a statement of claim, specifying the amount sought as well as outlining key facts that substantiate the allegations being made.

Once the statement of claim is finalized, our law firm will submit it on your behalf to the Minister of Finance alongside the requisite filing fee. To what court a claim is submitted matters. All claims up to $35,000 or under fall within the jurisdiction of Ontario’s small claims court. All claims exceeding this threshold are filed in the Ontario Superior Court.

Upon filing, the plaintiff is required to serve all named defendants and file an affidavit of service within the court.

2. Defending a Claim

From a defendant’s perspective, after they receive a statement of claim, they must author and serve a statement of defense to the plaintiff and all involved parties. In this, an affidavit of service is required.

A defendant may elect to pursue a counterclaim, file a cross-claim against a co-defendant, or lodge a third-party claim against an additional party not identified in the pending litigation.

Any responses to the plaintiff’s statement of claim must be filed within 20 days of receipt. Failure to meet this deadline will result in a default response wherein the defendant admits to the allegations presented in the statement of claim. At that time, the plaintiff can rightfully pursue a default judgment against the defendant. The importance of a timely, strategic response – be it as a plaintiff or defendant – cannot be underscored enough.

3. Discovery Process

To procure evidence from the opposing side, a discovery plan can be requested by either party.

This begins with an affidavit of documents that our law firm will prepare and then formally served on all litigants involved. This affidavit catalogues all materials and documents within a party’s possession or under their control, and requests the same from the opposing side.

At that time, a notice of examination is typically issued, compelling the other party to attend and respond to inquiries under oath. A strict time limit of 7 hours governs examination proceedings, irrespective of how many individuals are being examined. The transcripts that result from this dialogue can be used in court to support or challenge evidence.

4. Mediation to Settle out of Court

Mediation is an opportunity to amicably resolve legal claims outside of a courtroom environment.

Mediators do not have adjudicatory powers. They are not judges. They cannot unilaterally impose settlements. Instead, they are there to guide both parties towards a resolution. This hinges on mutual consensus between disputing parties.

To start, a mediation brief is prepared by both plaintiff and defendant. These are served to the opposing party, outlining what legal issues are in contention and articulating one’s position.

The appointed mediator then acts as an impartial guide, supporting constructive dialogue between all. In some cases, mediation may not result in a settlement and, in that instance, one or both parties may argue for another meditation session. If there is no hope of a dispute resolution in meditation, each party may wish to begin preparing for forthcoming trial proceedings.

5. Initiating a Trial

If trial is deemed to be the only course of action to move forward with, your lawyer will file a trial record which is a formal request for a trial. This document is comprehensive by design, encompassing all previous orders and pleadings thus far.

It may be necessary for all parties to attend assignment court so that trial dates can be scheduled in a way that ensures plaintiff and defendant are available for them.

6. Pre-Trial Is Held

Pre-trial proceedings are conducted before a judge. This is a session where it’s encouraged to narrow the scope of litigation. Matters that can be settled prior to trial should not be included in the trial, if any exist. Most importantly, in pre-trial, it is expected that both parties will arrive with all evidence ready to present and organized, arguments prepared, and equipped with all they need to move into trial. Our law firm will ensure that you’re ready to

At this stage, through negotiation, an out-of-court settlement deal is still possible.

7. Time for Trial

At the onset of trial, opening statements are delivered by both parties. These statements outline the argument that will be presented to the judge or jury through the evidence and witnesses to follow.

After these statements are taken, evidence can then be presented. This is done through submitting documents as exhibits and witness testimony. The plaintiff’s witnesses are initially called to testify before being subject to cross-examination by the defense’s legal team. Following this, the defense presents its witnesses followed by a cross-examination from the plaintiff’s lawyers.

Upon conclusion of the witness testimonies, plaintiff and defendant present closing arguments. The judge then may give a judgment in court or they may wish to reserve their decision and provide a judgment at a later date.

Receive expert guidance from the Cambridge team at Chand & Co. Our practice’s experience encompasses all disputes that could arise in civil litigation or in a business law context, from shareholder and partnership disputes to commercial lease, real estate law, employment law, breach of contract, franchise litigation, and more.

We offer the utmost professionalism and commitment, assisting you achieve the best result possible within the framework of facts. No matter if you’re a plaintiff or defendant, if you need professional, committed legal advice and representation, reach out to Chand & Co. today for more information on how we can build the strongest case for you.

Why Choose Us?

With a strong foundation built on the success of our Toronto office, we have a history with providing clients with legal services that include innovation, wisdom and expertise in administration, dealing with complex contracts, business law, estate litigation, employment law. With years of practice our firm ensures clients receive the best possible representation in the legal world.

Clients who seek advice from our offices and lawyers benefit from our deep understanding of law, assuring that our law firm’s practice meets the highest of standards of legal services. Our lawyers care and are invested in any matter our clients have, because their concerns matter to us.

Our offices provide exceptional services rooted in the community. Our experienced lawyers skillfully deal with construction liens, contracts, estate services, wills, corporate/business law, civil litigation that benefit you and the community. Whether you require legal administration for businesses or other legal services for you or your family Chand & Co. is dedicated to solving any and every legal concern.