1. Pursuing a Claim

To launch a lawsuit in the Kitchener Waterloo region, the plaintiff must prepare a statement of claim. This includes the amount they are suing for along with a statement of material facts that they will rely on in court that justifies their claim.

• If a party is to sue for $35,000 or less, this becomes a matter to be settled in Ontario small claims court.
• If the case involves a claim of above $35,000, this is where the claim would be submitted to the Ontario Superior Court.

After the statement is prepared, it is submitted along with the filing fee to the Minister of Finance.

• If a claim is $200,000 or less, it falls under Rule 76 of the Rules of Civil Procedure and is known as a simplified procedure.
• If the claim is over $200,000, it is started under ordinary rules.

After the statement is issued in court, it is at that time the plaintiff must serve the claim to all named defendants and file an affidavit of service with the court.

2. Defending a Claim

The defendant must prepare a statement of defence and have it served on the plaintiff and all other parties. They will also be required to pay a filing fee to the Ontario courts and prepare an affidavit of service.

A defendant, with the legal advice and help of their civil litigation lawyers, may decide to launch a counterclaim, a cross-claim against a co-defendant, or make a third-party claim against another party that has not yet been named in the litigation.

The defendant has twenty days to file a defence. If they do not, the plaintiff can have the defence noted in default for failing to file a defence within the prescribed time. If this occurs, the defendant will be deemed to have admitted to all of the allegations in the statement of claim. The plaintiff can then pursue a default judgment against them.

3. Discovery Begins

A discovery plan is established if either party wishes to obtain evidence from the other.

An affidavit of documents is served on all parties involved in the lawsuit, detailing a list of documents they have in their possession of control. Either party may serve a notice of examination on an opposing party to request a time and place where they must answer questions under oath. Matters to discuss in these examinations are often related to contract interpretation, details of the dispute, and determining the facts of the facts of claim. When you examine another party, there is a maximum time limit of 7 hours, regardless of the number of persons to be examined. Such a transcript can be used at trial to challenge evidence.

For the examination date, you must bring all documents listed in your affidavit of documents that are not privileged.

4. Mediation to Settle out of Court

Mediation is a chance to settle a claim for a client without having to go to court. A mediator is not a judge. They cannot decide cases or impose settlements. It is up to both parties to come to an agreement.

Mediation in Ontario typically takes place after the first defence has been filed at a location acceptable to both parties. Each party must create a mediation brief prior to negotiations and serve it to the other party, detailing legal issues in dispute and providing all parties to elaborate on their positions.

Your mediator will work with you as a neutral party whose primary goal is to foster active dialogue with the objective being legal matter resolution. All discussions in mediation are confidential, including any settlement offers made.

If mediation does not produce a settlement, both parties may request further mediation or the best legal advice you receive may be to start preparing for trial.

5. Initiating a Trial

A trial record must be filed by your lawyer to signify a request for a trial. This includes all orders and pleadings to date. The parties may have to attend assignment court in order to pick dates for the trial, ensuring all parties are available for that time.

6. Pre-Trial is Held

Pre-trial occurs before a judge to narrow down the issues for a Kitchener-Waterloo civil litigation trial. Issues that can be resolved before going to trial are encouraged to be dealt with, ensuring no time is wasted in court. At this point, both parties should be prepared for trial, have all the evidence they intend to rely on in court, and be prepared to negotiate and work towards a settlement.

7. It’s Time for Trial

At trial, opening statements are made by each party’s lawyer, providing an opportunity to introduce your case to the judge or jury. Afterward, each party presents evidence by calling witnesses and entering documents into the public record as exhibits. The plaintiff’s witnesses are always called upon first to testify and then are cross-examined by the defendant’s lawyers. The defence then has an opportunity to call theirs followed by a cross-examination by the plaintiff’s lawyers. At the conclusion of the witnesses, the next legal step is for the plaintiff and defendant to make closing submissions at which time the judge may give a judgment.

Contact the Kitchener-Waterloo corporate and commercial litigation team at the Chand & Co. law firm to receive key advice as you navigate through filing a claim, mediation, and the potentialities at trial. We are with you.