Civil Litigation law is the area of law in which two or more parties engage in a legal dispute seeking monetary compensation or another specific performance rather than criminal sanctions.
In other words, a civil lawsuit occurs when one party is seeking to hold another party liable for some type of wrong. If successful, the claimant will receive some form of compensation from the defendant as a result of the action or inaction and the loss incurred.
Civil Litigation encompasses a broad range of disputes such as those between a landlord and tenant, product liability lawsuits, medical malpractice claims, divorce lawsuits, and personal injury claims.
The Civil Litigation Process in Ontario
Many people find the Civil Litigation process to be very intimidating but having a general understanding of the typical course of proceedings can help eradicate your confusion. The following will give you some insight on some key aspects of the Civil Litigation process in Ontario.
The first step in the Civil Litigation process is determining the jurisdiction in which the action should be commenced. This is dependant on the amount of compensation the claimant is seeking. We will advise you as to which jurisdiction is best for your case.
Statement of Claim
The Statement of Claim is prepared by the claimant and essentially launches the litigation process. It describes the facts and legal reasoning as to why he or she believes they are entitled to compensation from the defendant. It is imperative to issue the statement of claim prior to the expiration of the applicable limitations period (two years for most cases).
Statement of Defense
Prepared by the defendant, the Statement of Defense sets out the reasons as to why the defending party believes he or she should not have to compensate the claimant. Your litigation counsel will determine the best legal defense against the Statement of Claim.
Examinations for Discovery
An Examination for Discovery is a proceeding whereby the lawyers from each party ask the other party questions about the issues in the litigation. The examination takes places before an examiner who transcribes the testimony and each party takes an oath to be truthful.
During the Mediation session both parties meet with a neutral mediator who tries to help them resolve the issues in the case. Prior to the Mediation, each party files a brief identifying the legal and factual disputes, their respective positions, and provides copies of the important documents associated with the case. The mediator cannot force the parties to accept a particular settlement. If a settlement is not reached, both parties may request a settlement conference or wish to go to trial.
Kazembe Law – Civil Litigators
At Kazembe Law, our lawyers are experienced civil litigators who can help you win your case. We represent clients across a broad spectrum of proceedings such as pretrial hearings, depositions, as well as arbitration and mediation. We have decades of experience advocating for our clients and guiding them through the Civil Litigation process and we are committed to achieving the best possible outcome on your behalf.