When disagreements emerge, the litigation procedure can assist in resolving them. But, navigating the legal system in Ontario may be difficult and scary. In this post, we’ll walk you through the Ontario lawsuit process step-by-step so you know what to anticipate and how to hire a civil litigation lawyer in Ottawa.
Pre-Litigation:
Pre-Litigation is the first step. Parties may seek to address the matter through discussion or alternative dispute resolution processes such as negotiation during this pre-litigation stage. If these attempts are ineffective, legal action can be taken.
Statement of Claim:
The second step addresses the commencement of legal action. This entails filing a statement of claim with the court and serving it on the oppositing party. The statement of claim explains the legal foundation for the claim and the relief requested.
Defence
Pleadings are the third step. After the statement of claim is filed and served, the opposing party has time to prepare a statement of defence. This document contains the defendant’s answer to the statement of claim. The parties may exchange additional pleadings, such as a reply or a counterclaim.
Discovery:
The fourth step is discovery. The discovery phase of litigation is when parties gather and exchange pertinent information and documents. This can involve questioning witnesses, including experts, and evaluating documents connected to the case.
Pre-Trial:
The pre-trial stage is the final phase before the trial. During this stage, the parties may attempt to resolve the issue through settlement negotiations or mediation. The court will appoint a trial date if a settlement cannot be achieved.
Trial:
Both parties present their case to a judge or jury at the trial, who will decide based on the evidence presented.
Appeal:
The final step is the appeal. If a party is dissatisfied with the verdict reached at trial, they may be able to appeal to a higher court.
The Ontario litigation process can be complex and scary, but understanding the stages involved will help you navigate the process more easily. You may help secure the best possible conclusion for your case by working with an experienced civil litigation lawyer in Ottawa, engaging in pre-litigation negotiations, understanding the pleadings process, participating in discovery, and attending pre-trial conferences and trial. Contact Francis Mehr LLP if you need legal help.