As a defendant in a civil lawsuit in Canada, you have a number of rights, including the following:
- The right to be served with a statement of claim. The statement of claim is a legal document that sets out the plaintiff’s allegations against you and the relief that they are seeking. You must be served with a statement of claim before the plaintiff can proceed with their lawsuit.
- The right to file a statement of defence. The statement of defence is your opportunity to respond to the plaintiff’s allegations and to set out your own legal arguments. You have 20 days from the date that you were served with the statement of claim to file a statement of defence.
- The right to discovery. Discovery is the process of exchanging information between the parties to a lawsuit. Discovery may involve exchanging documents, conducting interviews, and taking depositions.
- The right to a fair trial. You have the right to a fair trial before an impartial judge or jury. You also have the right to be present at your trial and to be represented by a lawyer.
- The right to appeal. If you are unhappy with the outcome of your trial, you have the right to appeal the decision to a higher court.
In addition to these general rights, you also have specific rights as a defendant in a civil lawsuit, depending on the nature of the lawsuit. For example, in a defamation lawsuit, you have the right to defend yourself on the basis of truth or fair comment. In a personal injury lawsuit, you have the right to defend yourself on the basis of contributory negligence.
If you are a defendant in a civil lawsuit, it is important to understand your rights and to exercise them. A lawyer can help you to understand your rights and can represent you in court.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.