Civil cases are lawsuits that involve 2 parties or more with a disagreement regarding a legal issue. These parties may be individuals, groups of individuals, businesses, or organizations.
Civil lawsuits encompass a variety of issues including:
- Property damage claims
- Issues on contracts
- Personal injury claims
- Damage to reputation
Anyone can initiate a civil lawsuit with a Statement of Claim filed in court. It must have a description of the facts and justifiable reasons for seeking compensation.
A civil lawsuit is also called a legal action. You can file a Notice of Application describing what court order you need from the judge.
Check with the Rules of Civil Procedure if you can file a Notice of Application in your circumstances. A qualified lawyer can also give you his legal opinion if you have sufficient grounds.
For claims against the Ontario government (the Crown), it is required to provide 60 days’ notice before initiating your claim as set out by the Crown Liability and Proceedings Act.
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What steps are required in a civil action?
Certain steps are mandatory for civil cases initiated by a claim in the Superior Court of Justice. The steps will vary for each type of case.
The Rules of Civil Procedure establish the different procedures for:
- Simplified Procedure for claims up to $200,000 (Rule 76)
- Civil Case Managementfor legal actions in Toronto, Windsor and Ottawa
- Mandatory Mediationfor most civil cases started in Toronto, Windsor and Ottawa (Rule 24.1 and 75.1)
Before starting a claim, you must know what options are available for your case without going to court. There may also be a time limit for starting a claim so be sure to check which one applies in your case.
Starting a legal action
If you are starting a legal action, you are called the plaintiff while the person you are suing is the defendant.
You must write a short but clear summary detailing the facts of the case and why you believe you are entitled to compensation or why the defendant owes you money.
You need to include the complete name and address of the individual or business who is the subject of your lawsuit.
Filing a Claim for $35,000 or less – Small Claims Court
Are you seeking compensation for $35,000 or less excluding interest and expenses? Are you claiming personal property worth $35,000 or less? You can start a file a claim in Small Claims Court.
You can still file a claim in Small Claims Court even if the amount involved is more than $35,000 if you are willing to waive the excess amount.
You are not required to have a lawyer to file a claim but you may want to ask for a legal opinion or assistance with the procedures.
Most common claims in Small Claims Court
- Claims for money for unpaid loans, unpaid rent, bad checks, or unpaid goods and services;
- Claims for property damage, breach of contract, and personal injuries.
Filing a Claim in the Superior Court of Justice
You must file a case in the Superior Court of Justice if you are seeking compensation above $35,000 or want a specific order that only a judge from the Superior Court can issue.
The Superior Court of Justice handles civil proceedings in Ontario for commercial matters, bankruptcy and insolvency, personal injury, and cases involving wills and estates.
While civil proceedings in the court are usually based on the Rules of Civil Procedure, other matters may be governed by specific laws and procedures.
The Superior Court of Justice has a branch called the Divisional Court which is the primary forum for the judicial review of government action. It also handles some civil appeals and statutory from various administrative tribunals in the province. Civil cases handled by the Divisional Court is for a maximum of $50,000.
The Superior Court of Justice is one of the busiest trial courts as it handles civil, criminal, and family cases. You can hire a civil lawyer to help you navigate the complex procedures of filing a claim in the Superior Court and successfully claim compensation that you are entitled to.
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For your reference, here is a list of Ontario courts and their addresses in your city or area.
Step-by-step Process for Starting Civil Litigation
If you are seriously considering civil litigation, below is an outline of the 12 important steps for filing a civil lawsuit in Ontario.
- Determine jurisdiction: Which court is the proper forum for your case?
- Statement of Claim: Generally, this must be filed within 2 years of the incident.
- Statement of Defence and Counterclaim
- Reply and Defence to Counterclaim
- Discovery Plan
- Affidavit of Documents (Documentary Discovery)
- Examinations for Discovery: The lawyers of both parties ask their questions related to the case.
- Answering Undertakings/ Motions to Compel Answers
- Motions: Requests presented to the judge for a ruling on issues related to the case.
- Mandatory Mediation: Parties are required to participate in mandatory mediation within 6 months after serving the first Statement of Defence. (For cases started in Ottawa, Toronto, and Essex).
- Requesting a Trial and pretrial conference
- Trial: If no settlement is reached, the parties can go to trial. Oftentimes, the parties decide to settle out-of-court to avoid expensive legal fees.
As you can see, the process of civil litigation in Ontario is not easy. It is advisable to work with a competent lawyer from the start to build a strong case and ensure you comply with the legal requirements.
How much does a civil lawsuit cost in Ontario?
If you are considering filing a civil lawsuit in Ontario, you would surely want to know the costs.
You will be asked to pay for most of the steps in civil court such as:
- Filing an application or appeal;
- Defending a claim or responding to an appeal;
- Filing a motion;
- Requesting a trial date;
- Requesting to enforce a judgment or court order.
Below you will find the most common court fees:
| Type of Fee | Cost |
|---|---|
| Statement of Claim, Notice of Application | $243 |
| Third-party or subsequent party claim | $243 |
| Statement of Defence | $243 |
| Summons to witnesses | $33 |
| Certificate(except appointment of estate trustee or certificate of a search by a registrar) | $33 |
| Writ of Execution | $77 |
| Notice of appearance | $172 |
| Notice of appeal or cross-appeal to an appellate court of a final order from the Small Claims Court | $138 |
| Signing of a default judgment by registrar | $177 |
| Trial record (first-time) | $859 |
These court fees are set out by the Administration of Justice Act. You can also view a more exhaustive list by visiting the Ontario government's website.
Fees may be paid in cash or cheque, credit or debit card, in person, over-the-phone, or when filing documents online.
For persons who cannot pay the court fees for a court proceeding, it is possible to request for a waiver of court fees.
How much does a civil lawyer charge in Ontario?
In Ontario, the rule of “loser pays” is followed in litigation. At the end of the lawsuit, the court generally makes an award wherein one party (usually the losing party) will pay the successful party s portion of his legal expenses.
As a result, one of the most important concerns of individuals who want to file a civil lawsuit is the lawyer’s fees.
How much does a civil lawyer cost in Ontario? There is no fixed answer because lawyers charge different fees based on their area of specialty, years of experience, the complexity of your case, your location, etc.
Below you will find estimates of lawyers’ fees in the province:
- Starting a lawsuit (Notice of application, supporting affidavits, etc.): $5,000++
- Simple court appearance: $1,000++
- Contested motion or court appearance: $5,000++
- Mediation for 1 day: $7,500++
- Simple divorce: $1000 to $1,700 (uncontested)
- Personal injury claim: $12,500 to $25,000
These estimates include the hours of work spent by the lawyer on preparing for the case, appearing in court, and conducting follow-up.
Most lawyers charge from $250 to $600 per hour.
To increase your chances of getting the best possible outcome in your case, you need to hire the right lawyer.
Why are lawyer fees so expensive?
Hourly rates of lawyers are indeed expensive. You also need to bear in mind that lawyers charge miscellaneous fees as well for faxes, expert witnesses, certifications, etc.
They spend many hours reviewing, preparing, building up your case, and making sure to come up with the best strategy to win your case.
The good news is that lawyers can also offer flat fees or contingency fees. Most personal injury and accident lawyers offer contingency arrangements which means you don’t pay lawyer’s fees until you get a settlement or get awarded with compensation in court.
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Why is hiring a civil litigation lawyer necessary?
Filing a civil lawsuit is a daunting challenge and it is reputed to be quite costly. But when you hire a civil litigation lawyer, the process is simplified because they understand the law and court procedures. They will handle your civil dispute from start to finish.
You also have a higher chance of winning your case if you are represented by a competent lawyer.
Let’s examine a few more reasons for hiring a civil litigation lawyer.
Strengthen your case.
It is better not to represent yourself in court especially if your opponent has a lawyer. Legal concepts are complex. You will be at a disadvantage if you cannot competently argue your case.
Reduce expenses.
You would think that hiring a lawyer will only increase your legal fees. But the truth is that by hiring a lawyer, you can save money.
A lawyer can speed up the process because he knows what evidence to look for. He can give you advice on how to win your case so you don’t waste time and effort. Further, if you lose your case in a property damage claim or other civil claim, you could end up paying the legal fees of the other party.
Lower your risks.
Whether you are the one filing a claim or defending a claim, the risks can be high in a civil litigation case. Many disputes involve large sums of money. There is a chance of financial losses if you lose the case. By having an experienced lawyer, you can lower the risks of losing.
Even with a strong case, you can lose on a technicality if you fail to follow legal procedures.
Peace of Mind
A civil litigation case can cause extreme anxiety. By hiring a competent lawyer, you can have peace of mind that everything possible is being done to win your case.
Your lawyer will assist you with all aspects of your case and present as strong a case possible to get you the compensation you deserve.
Find the right lawyer to assist in filing your claim to get the best possible outcome!
Reducing civil litigation costs with alternative methods
Experienced lawyers understand that litigation is very expensive and will want their clients to look for faster and more cost-effective solutions than going to court.
Lawyers will evaluate if alternative dispute resolution is sustainable in your present situation. This involves the use of methods such as mediation, arbitration, and settlement negotiation.
Alternative dispute resolution methods mentioned above take less time and costs much less. If you are able to receive a reasonable settlement offer with help from your lawyer, you can get peace of mind and move on with your life much faster!
In some situations, going to court is unavoidable. By having the right lawyer, you can count on a legal expert to fight for you in court if necessary while keeping your legal expenses to a minimum.
The best civil litigators in Ontario: Who to hire?
In summary, the best way to file a civil lawsuit in Ontario is with a civil litigator by your side.
Civil litigators generally practice a specialized area of the law such as estate litigation, medical malpractice, insurance law, or personal injury law.
You need to find the best civil litigator in Ontario with a proven track record in winning lawsuits like yours.
Hiring the right lawyer is the most critical decision you have to make regarding your civil lawsuit. Your loss or victory in the case will depend a lot on this choice.
Compare the best civil litigators in your area simply by filling out the short online form below. Get in touch with reputable lawyers near you at no cost or obligation.