Civil Litigation Lawyer in Vaughan, GTA.

Understanding Civil Litigation: A Guide for Ontario Residents

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Civil litigation is the legal process used to resolve disputes between private parties, whether individuals, businesses, or organizations—when those disputes cannot be settled outside of court. Unlike criminal cases, which involve offenses against the state, civil litigation focuses on rights, responsibilities, and obligations between private parties.

What Is Civil Litigation?

Civil litigation covers a wide range of disputes, including but not limited to:

• Contract disputes

• Property and real estate conflicts

• Personal injury claims

• Employment and workplace issues

• Debt collection

• Family law-related disputes not resolved in family courts

  
  

Essentially, civil litigation allows parties to seek legal remedies when negotiations or alternative dispute resolution methods fail.

The Civil Litigation Process in Ontario

1. Pre-Action Negotiations and Demand Letters

Before a lawsuit is filed, parties often attempt to resolve their issues through negotiations, mediation, or by sending formal demand letters. This step helps save time and legal costs by encouraging a voluntary settlement.

2. Starting the Lawsuit: Statement of Claim

If resolution is not possible, the plaintiff (the person initiating the case) files a Statement of Claim with the court. This document outlines the facts of the dispute and the remedy or damages sought.

3. Defendant’s Response: Statement of Defence

The defendant responds by filing a Statement of Defence, where they admit, deny, or dispute the claims made. Failure to respond can lead to a default judgment against the defendant.

4. Discovery Phase

Both parties exchange relevant documents and information through a process called discovery. This phase often includes examinations for discovery, where lawyers question witnesses and parties under oath to gather evidence and clarify facts.

5. Pre-Trial Procedures

The court may hold case management conferences, settlement discussions, or encourage mediation to resolve the dispute before trial.

6. Trial

If the case remains unresolved, it proceeds to trial. Each side presents evidence, calls witnesses, and makes legal arguments. A judge (or, in rare cases, a jury) will then make a decision based on the facts and the law.

7. Judgment and Enforcement

After the court issues its judgment, the winning party may need to enforce it—sometimes requiring additional legal steps like garnishing wages or seizing assets if the losing party does not comply voluntarily.

Why You Need Experienced Legal Support

Civil litigation can be time-consuming, costly, and emotionally draining. At Majoka Law, our experienced litigators provide strategic advice tailored to your unique situation. We help you understand your rights, evaluate your options, and work diligently to achieve the best possible outcome.

Seeking Legal Support

If you are involved in a civil dispute or facing a lawsuit, don’t navigate it alone. Contact Majoka Law for a consultation and let our skilled team guide you through the complexities of civil litigation.