Commencing a Claim

The best place to start an action is at the Ontario Small Claims Court if you are suing for $35,000 or less. You must commence the claim in the Ontario Superior Court of Justice if the claim is above $35,000. Let’s consider actions commenced in the Superior Court of Justice for claims above $35,000. Before commencing a claim, the plaintiff prepares a statement of claim outlining the figure they are suing for. The statement also outlines the material facts that will be relied on in court. After preparing the statement of claim and paying the applicable filing fee, the court will authorize the issuance of a statement of claim. The plaintiff pays the filing fee to the Minister of Finance.

The claim is initiated under Rule 76 of the Rules of Civil Procedure if the claim is $200,000 or less. This process is also known as the simplified procedure. Claims above $200,000 are commenced under the ordinary rules. If the parties involved agree, they can rely on the simplified procedure even for claims above $200,000.

After issuing the statement of claim with the court, the plaintiff should serve the claim to all the listed defendants. The plaintiff must also file an affidavit of service with the court.

Defending a Claim

The defendant prepares a statement of defence if they intend to challenge the action commenced against them. This statement is served to the plaintiff and all relevant parties as outlined under the Rules of Civil Procedure. The defendant pays a service fee. The defendant also prepares an affidavit of service to show that the defence statement has been served to the relevant parties.

At this point, the defendant can commence a counterclaim against the plaintiff or a cross-claim against a co-defendant. There is also an option of making a 3rd party claim against any other party not listed.

The plaintiff can have a defendant noted in default if the defendant fails to defend action within 20 days of receiving the statement of claim. If this happens, the defendant can no longer file a defence without first seeking the plaintiff’s consent or filing a motion for an order to allow them to file a defence. Failing to defend a statement of claim could also mean that the defendant has accepted all the allegations contained in the statement. This allows the plaintiff to seek a default judgment against the defendant.

Discovery Stage

At this stage, the parties involved can agree to exchange evidence through the discovery process. The parties must first agree on a discovery plan to use this method to gather evidence. As of January 1, 2010, this agreement must be within 60 days following the close of pleadings and before alternative attempts to gather evidence.

All the parties involved in civil litigation will receive an affidavit of documents. Either party can serve a notice of examination to the other party outlining the place and time when the parties will come together and answer questions under oath. These examinations are transcribed and recorded. The transcripts serve as evidence that can be used in court to challenge the presented evidence.

Mediation

The parties involved can agree to settle the case out of court through mediation. Mediation saves the parties time and money. As stated under rule 24.1 of the Rules of Civil Procedure, parties are subject to mandatory mediation for civil actions commenced in Toronto, Windsor, or Ottawa. Each party creates a mediation brief and serves it to the other party before mediation. A mediator is a neutral party that encourages the parties involved to dialogue and resolve their issues. All details, including the settlement offers made during mediation, are confidential.

Setting Down for Trial

At this point, a party sets down an action for trial. After the registrar places the action on the trial list, the parties attend an assignment court to choose when they will be available to attend the trial.

Pre-trial Conference

A pre-trial conference occurs before trial whereby the parties involved appear before the judge to narrow down the issues and concerns involved before trial. At this point, the parties will have an open dialogue to determine whether they can resolve the issues before trial.

The Trial

If the parties cannot resolve their issues or reach an agreement at the pre-trial conference, the case will proceed to trial. During the trial, both the plaintiff and defendant and their lawyers will have an opportunity to make opening statements and introduce the case to the judge or jury. Both parties will present evidence by providing documents as exhibits and calling witnesses. The plaintiff witnesses come first. After they testify, the other party will cross-examine them. The defence will also have an opportunity to call their witnesses. After presenting evidence and calling witnesses, the plaintiff and defendant will make the closing submissions.

After the closing submissions, the judge can give a judgment or reserve this decision and give judgment later.

Find a Litigation Lawyer in Guelph Near Me

At Chand &Co.’s practice, commercial and civil litigation has always been our core business. We have what it takes to represent clients in various disputes. If you need a lawyer in Guelph or the southwestern Ontario area with services that you can rely on, we invite you to contact us today. Call us today for solid legal services and representation at 416-583-2377.