Civil litigation in Canada is the process of resolving a dispute between two or more parties through the court system. Civil litigation can be used to resolve a wide range of disputes, including:
- Breach of contract
- Negligence
- Personal injury
- Property disputes
- Family law disputes
The first step in a civil litigation case is to file a statement of claim with the court. The statement of claim sets out the plaintiff’s (the person who is filing the lawsuit) allegations against the defendant (the person who is being sued). The defendant then has an opportunity to file a statement of defence, which sets out their response to the plaintiff’s allegations.
If the parties are unable to resolve the dispute through mediation or other alternative dispute resolution processes, the case will proceed to trial. At trial, the parties will present their evidence to the judge or jury. The judge or jury will then decide the case and issue a judgment.
The judgment may award damages to the plaintiff, or it may order the defendant to take some other action, such as returning property to the plaintiff or performing a contract. If the defendant is ordered to pay damages to the plaintiff, the plaintiff can then take steps to enforce the judgment, such as garnishing the defendant’s wages or seizing their property.
If you are considering filing a lawsuit, or if you have been sued, it is important to consult with a lawyer to discuss your legal rights and options. A lawyer can help you to make the best decision for your situation and can help you to achieve the best possible outcome in your case.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.
FREQUENTLY ASKED QUESTIONS ABOUT CIVIL LITIGATION
- What is Dispute Resolution?
- What is a dispute resolution clause in a contract?
- What are the different types of civil cases?
- How do I start a civil lawsuit?
- What is the discovery process?
- What happens at trial?
- What are the different types of damages that can be awarded in a civil lawsuit?
- How long does a civil lawsuit take?
- How much does a civil lawsuit cost?
- What are my chances of winning a civil lawsuit?
- What happens if I lose a civil lawsuit?
- What are the grounds for appealing a civil lawsuit?
- What is the difference between civil and criminal litigation?
- What is the difference between mediation and arbitration?
- What should I expect from my civil lawyer?
- How can I prepare for a civil trial?
- What should I do if I am served with a statement of claim?
- What should I do if I am subpoenaed to testify in a civil trial?
- What are my rights as a defendant in a civil lawsuit?
- What are the limitation periods for civil lawsuits in Canada?
- What are the rules of evidence in civil trials in Canada?