Civil litigation describes the court process used to resolve conflicts and disputes involving private rights and obligations. The general goal of civil litigation is to compensate parties for the harm or damages suffered or restore parties to their original positions prior to the harm suffered.
Civil matters can take many forms, including disputes over contracts, ownership and property use, wrongful dismissal, or debt collection. The burden is on the plaintiff to prove the factual and legal elements of a case. And unlike criminal matters, both the plaintiff and defendant are required to provide full disclosure of everything relevant to the issue(s).
Courts and tribunals procedures vary across provinces, although generally, the stages of a proceeding will include the following:
Pleadings –> Motions –> Discovery –> Mandatory Mediations –>
Pre-trial Conferences –> Trial –> Cost –> Appeal.
However, some civil proceedings may have procedural rules that abridge, supplement or replace the fundamental procedural steps. For example:
1. Simplified Procedure
The Simplified Procedure is governed under Rule 76 of the Rules of Civil Procedure and is available for parties who are suing for less than $200,000.
2. Estate Administration
Estate-related proceedings may be contentious or non-contentious and frequently require the involvement of provincial courts.
3. Case Management
For matters having a wide range of procedurally complex issues, a judge may direct how the civil process is carried out. Rule 77 outlines civil Case Management Procedures.
4. Mandatory Mediation
Mandatory Mediation is required in Toronto, Ottawa and Windsor and is designed to resolve disputes and facilitate settlement without trial. Rules 24.1 and 75.1 governs Mandatory Mediation.
Litigation is expensive because the process involves meticulous research and careful analysis. We take pride in our expertise, but the firm thrives because we are transparent and upfront when managing client expectations.