In the Ontario Superior Court of Justice

Commencing a Claim

When initiating a civil lawsuit in Ontario, it is crucial to follow the proper procedures. The action begins in the Ontario Small Claims Court if the claim amount is $35,000 or less. For claims exceeding $35,000, the lawsuit must commence in the Ontario Superior Court of Justice.

The party initiating the lawsuit, the plaintiff, must prepare a statement of claim. This document outlines the amount they are suing for. It also presents a concise statement of material facts that will be relied upon in court. Once the statement of claim is ready and the required filing fee is paid to the Minister of Finance, the court issues this document.

The simplified procedure under Rule 76 of the Rules of Civil Procedure applies for claims under $200,000. Claims exceeding $200,000 adhere to the ordinary. However, the parties involved can sometimes agree to use the simplified procedure. After the statement of claim is issued, it must be served on all named defendants, and an affidavit of service must be filed with the court.

Defending a Claim

If a defendant intends to contest a lawsuit initiated against them, they must prepare a statement of defence. According to the Rules of Civil Procedure, they must serve this statement on the plaintiff and all other relevant parties. This step requires a filing fee. The next step involves preparing an affidavit of service proving the delivery of the defence to other parties.

During this stage, the defendant also has the option to initiate a counterclaim against the plaintiff. The defendant can file a cross-claim against a co-defendant. Making a third-party claim against any other party not yet named in the litigation is also allowable.

Failure to defend the action within the 20-day period after receiving the statement of claim may result in the defendant being noted in default. Noted defendants can no longer file a defence without obtaining the plaintiff’s consent or a court order. They may also be deemed to have admitted all the allegations in the statement of claim, leaving the plaintiff free to seek a default judgment.

Discovery Stage

The discovery stage plays a crucial role in the litigation process by facilitating the exchange of evidence between parties. The parties must agree on a discovery plan within 60 days after the close of proceedings. An affidavit of documents, listing all documents in a party’s possession or control, must be served on all other parties.

Either party can serve a notice of examination on an opposing party, indicating the time and place for the examination under oath. These examinations are recorded and transcribed, potentially using the transcripts to challenge presented evidence during trial. Examinations are limited to 7 hours regardless of the number of examined individuals. Parties must bring all documents listed in their affidavit of documents that are not privileged to the examination.

Mediation

Mediation offers an opportunity for parties to resolve a lawsuit outside of court. Unlike judges, mediators do not make decisions or impose settlements on parties. Mediation can be a cost-effective and efficient resolution while preserving valuable time and resources.

As per rule 24.1 of the Rules of Civil Procedure, mediation is required for civil actions commenced in Ottawa, Toronto, or Windsor. It occurs 180 days after the first defence is filed, with the location typically convenient for all the parties involved. Before mediation, each party prepares a mediation brief. This brief is shared with the other parties and the mediator. The brief outlines the legal issues in dispute and allows parties to present their positions.

Mediators act as neutral facilitators, supporting active dialogue and assisting clients in resolving their issues. All discussions during mediation, including settlement offers, are kept confidential. If mediation fails to produce results, parties may request further mediation or prepare for trial.

Setting Down for Trial

When a party serves and files a trial record, it signifies their intention to set the action for trial. The trial record includes all orders and pleadings up to that point. The registrar places the action on a trial list, and the parties may need to attend assignment court to select trial dates.

Pre-trial Conference

Before a trial, a pre-trial conference is essential. Parties appear before a judge to narrow down the issues for trial. This stage involves open dialogue to determine whether issues can be resolved before trial.

During the pre-trial conference, it is crucial to ensure that all outstanding disclosure issues are resolved. Both parties must also be prepared with the necessary evidence. Parties should have a clear understanding of their case’s strengths and weaknesses. They must also be ready to negotiate towards a settlement.

The Trial

A trial becomes necessary if the parties cannot resolve their issues to reach a settlement during the pre-trial conference. At the trial, the plaintiff and defendant may make opening statements to outline their case’s objectives. The opening statement serves as an introduction to what they aim to prove during the trial.

Each party presents evidence by calling witnesses and submitting documents as exhibits. Plaintiff witnesses testify first and undergo examination and cross-examination. After the plaintiff concludes, the defence presents its witnesses. Following the presentation of all witnesses, both parties can make closing submissions.

The judge may deliver a judgment in court after closing submissions. However, there are instances when the judge reserves the decision and provides the judgment later.

Find a Litigation Lawyer in Ottawa Near Me

You must deeply understand the legal process to navigate the complexities of civil and commercial litigation in Ottawa. Chand & Co. offers experienced lawyers who can help you achieve a favourable outcome for your case. You can count on us whether you need guidance through arbitration or trial. Contact us today for a free consultation.