To start a civil lawsuit in Canada, you must first file a statement of claim with the court. The statement of claim should set out the facts of your case and the legal grounds for your claim. You must also pay a filing fee.
Once you have filed the statement of claim, you must serve it on the defendant. This means that you must give the defendant a copy of the statement of claim so that they are aware of the lawsuit and can prepare their defense.
Once the defendant has been served with the statement of claim, they have a certain amount of time to file a statement of defense. The statement of defense should set out the defendant’s response to the plaintiff’s claim.
Once the statements of claim and defense have been filed, the parties can begin the discovery process. Discovery is a process of exchanging information between the parties. This may include exchanging documents, answering questions under oath, and participating in medical examinations or other expert assessments.
After discovery has been completed, the case may proceed to trial. At trial, the parties will present their evidence to a judge or jury. The judge or jury will then decide who is liable for the dispute and, if so, what damages should be awarded.
Here are some additional things to keep in mind when starting a civil lawsuit in Canada:
- You may need to hire a lawyer to represent you in court. Lawyers can be expensive, but they can also be very helpful in navigating the complex legal system.
- Civil lawsuits can be time-consuming and expensive. It is important to be prepared for a long and potentially costly process.
- If you are successful in your civil lawsuit, you may be awarded damages. However, it is important to keep in mind that damages are not guaranteed.
If you are considering starting a civil lawsuit in Canada, it is important to consult with a lawyer to discuss your case and determine whether you have a valid claim. A lawyer can also help you choose the right type of lawsuit to file and represent you in court.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.