Lions at Your Side®

Commercial and Civil Litigation Lawyer in Kitchener

Our best civil litigation lawyers are proudly providing quality legal services in Toronto, Ottawa, Windsor,

and throughout the entire province of Ontario.



Commercial and Civil Litigation

Lawyer in Kitchener

At Chand & Co., we rely on our track record of extensive experience helping clients with civil and commercial litigation. Whether you are suing a person or are being sued, our experienced litigators at Chand & Co. can help. Civil and commercial litigation is any legal dispute between two or more parties, whether businesses or individuals. The most common issues include mortgage enforcement, debt collection, shareholder and partnership disputes, contract disputes, construction disputes, real estate litigation, professional negligence, and defamation. You will have the best chance of resolving these problems outside of court if you retain legal representation as soon as possible. It is also beneficial to have the services of a lawyer who is experienced and at ease litigating in court, should it become necessary. If you have a legal problem anywhere in Kitchener, contact the skilled corporate litigators at Chand & Co. today.
    (Founding Partner)

Why Work With Us

  • civil and commercial
    litigation law

  • Regulatory Compliance
    and Defence

  • professional regulation and

    discipline law

  • Breach of contract

  • Commercial Lease
    Dispute Law

  • Condominium Litigation

  • public
    and administrative law

  • criminal
    defence law

  • cannabis

Our Practice Areas

Our commercial and civil litigation lawyers handle a wide range of practice areas. We are the go-to law firm if you need :

Understanding The Steps In A Civil Lawsuit

In the Ontario Superior Court of Justice

Commencing a Claim

When suing for $35,000 or less, the claim commences at the Ontario Small Claims Court. Claims that exceed $35,000 are filed at the Ontario Superior Court of Justice.

The individual who has been harmed (the plaintiff) writes a Statement of Claim to begin the lawsuit procedure. The Statement of Claim contains the facts and legal arguments that the plaintiff believes entitles them to compensation from the other person (the defendant). The Statement of Claim must be filed before the statutory limitation period is over. Most cases must be filed within two years of the plaintiff discovering the defendant’s wrongdoing. Certain types of claims, however, have varying limitation periods. After reviewing the facts, your lawyer will be in the best position to advise you when the limitation period expires.

If the claim value is less than $200,000.00, the claim is filed under Rule 76 of the Rules of Civil Procedure, known as simplified procedure. If the claim exceeds $200,000.00, it must be filed under the regular rules. Sometimes, the parties can agree to adopt the streamlined approach for claims worth more than $200,000.00.

Defending a Claim

If a defendant is served in Ontario, he or she must promptly serve the plaintiff with a statement of defence. Defendants served in another province, the United States, or another country has a significantly longer period to file their statement of defence. The statement of defence explains why the defendant believes he or she should not compensate the plaintiff. If the defendant has a claim against the plaintiff (a counterclaim), it is filed with the statement of defence.

If the defendant can’t submit the statement of defence within the period specified, he or she may serve the plaintiff with a notice showing their intent to defend. This notice extends the defendant’s time to file a statement of defence. If the defendant fails to file a statement of defence within the required period, the plaintiff may request that the court enter a default judgment against the defendant.

Discovery Stage

From January 1, 2010, both parties must agree on a written discovery plan within 60 days of receiving the reply and, if applicable, the Defence to Counterclaim. The discovery plan specifies the extent of documentary discovery; the people produced for discovery examination, and the timetables for completing oral and documentary discovery. The party conducting the examination shall provide a notice of examination to any person being examined at least two days before the examination. Your lawyer collaborates with the other party’s counsel to develop this discovery plan.


In all cases initiated in Ottawa, Toronto, or Windsor, parties must attend a mediation session within 180 days after the initial Statement of Defence is served. However, the parties can agree to extend this time restriction. Sometimes, the parties may postpone mediation to conduct discovery examinations first. Each party submits a mediation brief to the mediator and provides a copy to the other party before the mediation conference. The mediation brief describes the factual and legal points in dispute, states each party’s stance on each issue, and contains copies of the case’s most essential documents.

The parties convene with a neutral mediator who works to help them address the difficulties in the case during the mediation session. The mediator cannot compel the parties to accept a settlement, nor does the mediator have the authority to impose a conclusion on the parties.

Setting Down for Trial

After completing the preceding stages, a party can request that the case be scheduled for trial by requesting it be put on the trial list. The court will notify the parties that they must attend a pre-trial meeting within 120 days of the action being scheduled for trial. Before the pre-trial conference, each side must file a brief comprising various items needed by the court presiding over the pre-trial conference.

Pre-trial Conference

Both the lawyers and the clients must attend the pre-trial conference. The lawyers discuss their clients’ viewpoints, and the judge presiding over the conference seeks to help them reach an agreement. The judge may advise the parties how they would rule if the case were before them. The judge’s decision on the matter is not binding, and if the parties decide to proceed, the judge who presided over the pre-trial conference will not hear the actual trial.

The Trial

The parties may go to trial if a settlement cannot be reached. Because the legal fees involved are relatively substantial and there is always the chance that the party may lose at trial, the parties will frequently choose to settle the action before it proceeds to trial. In addition, because of the cost ramifications of settlement offers, parties may be apprehensive that if they lose, they may be obligated to pay the opposing party’s costs.

Both parties submit their evidence during a trial by calling witnesses. Expert evidence may be requested depending on the issues at hand in the litigation. The judge will render a decision binding on the parties after the trial. Sometimes, a party may file an appeal if dissatisfied with the judge’s judgment.

Each side will make their case by calling witnesses and submitting documents as exhibits. The plaintiff’s witnesses are summoned first, interrogated, and then cross-examined by the opposing side. The defence will have their turn after the plaintiff has completed calling their witnesses. The plaintiff and defendant can give closing arguments after a trial when both parties have introduced all of their witnesses.

Find a Litigation Lawyer in Kitchener Near Me

Do you need a reliable litigation lawyer in Kitchener? Chand & Co. can help. Our competent lawyers have vast civil litigation experience to provide our clients with exceptional legal guidance. They have represented people, businesses, government agencies, professional associations, non-profit organizations, and foundations. Contact us today for proficient legal representation at 416-583-2377.

Contact us for
case evaluation
Our service areas
Headquartered on Bay St. in Toronto, Chand & Co., serves valued clients all across the province of Ontario and beyond. Our firm specializes in litigation matters ranging from civil/commercial to regulatory and criminal defence. From Toronto to Windsor and beyond, we have the resources and experience to represent all individuals and businesses of various sizes. Call us for a consult.
  • Ajax
  • Aurora
  • Brampton
  • Burlington
  • Etobicoke
  • Guelph
  • King City
  • Kitchener
  • Markham
  • Milton
  • Mississauga
  • North York
  • Oakville
  • Oshawa
  • Ottawa
  • Pickering
  • Richmond Hill
  • Scarborough
  • Stouffville
  • Thornhill
  • Toronto
  • Vaughan
  • Whitby
  • Windsor

Our Reviews

We are proud to have helped many clients with their legal needs with our personalized and attentive service. We are grateful that our clients endorse us heartily and without reservation. See some testimonials of what some of our valued clients are saying about us:

Latest Articles

REAL ESTATE LITIGATION: PARTIES’ FAILURE TO CLOSE TRANSACTION According to our civil litigation lawyer, buying and selling property in both commercial and residential settings can be a very exciting time.
LATENT DEFECTS OR HIDDEN DAMAGE IN REAL PROPERTY TRANSACTIONS According to our civil litigation lawyer Toronto, when buying or selling a property, parties should be mindful of the defects that are and are not disclosed before entering into an agreement of purchase and sale.
CANADA CRYPTOCURRENCY LEGAL REGULATION What is “cryptocurrency”? How is it regulated in Canada? Where did it come from? In this article, our civil litigation lawyer in Toronto addresses these questions and to provide you with guidance on legal aspects of cryptocurrency in Canada.
DEFAMATION LAW Defamation refers to a false statement made about an individual that can potentially harm their reputation and give rise to damages.
2022 CHRISTMAS TOY DRIVE Chand & Co. is pleased to announce that our 2022 Christmas Toy Drive was a huge success.
CHAND & CO. ANNOUNCEMENT Dear Loyal Clients and Friends of the Firm, We are excited to announce that we have two new members joining our team in the New Year: Lorne Fine and Noah Waisglass.
DIVORCE Generally, a divorce is a legally binding termination or “un-doing” of a marriage. If the parties are “divorced”, the parties are considered to no longer be legally married to each other in Canada.
DOMESTIC CONTRACTS Generally, a domestic contract is an agreement between parties concerning personal, family, property, and/or relationship matters.
ALTERNATIVE DISPUTE RESOLUTION Do you want to resolve a family law dispute without having to go to court? If the answer is yes, alternative dispute resolution may be the right option for you.
SPOUSAL SUPPORT When a couple files for a divorce, one of the partners may be required to financially support the other partner. This kind of support is known as “spousal support”, also referred to as “alimony” or “maintenance”.
COMMON LAW SPOUSE Have you ever come across individuals who refer to themselves as being “common law” spouses? If the answer is yes, have you ever wondered what the difference is between common law spouses and married spouses?
THE FAMILY RESPONSIBILITY OFFICE In Ontario, when a person is ordered by a court to pay spousal or child support, a Support Order is automatically filed with the Family Responsibility Office.