A trial in Canada is a formal process in which the parties to a civil lawsuit 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.
Trials can be complex and time-consuming, but they are an important part of the civil justice system. Trials allow the parties to present their evidence and to argue their case to a neutral decision-maker. This helps to ensure that the parties receive a fair hearing and that justice is served.
Here is a general overview of what happens at trial in Canada:
- Opening statements: The lawyers for each party will deliver opening statements to the judge or jury. In their opening statements, the lawyers will outline their case and the evidence that they will present.
- Presentation of evidence: The parties will then present their evidence to the judge or jury. This evidence may include documents, witness testimony, and expert testimony.
- Cross-examination: The lawyers for each party will have the opportunity to cross-examine the witnesses presented by the other party. Cross-examination is an opportunity for the lawyers to challenge the witnesses’ credibility and to test the strength of their evidence.
- Closing arguments: Once all of the evidence has been presented, the lawyers for each party will deliver closing arguments to the judge or jury. In their closing arguments, the lawyers will summarize their case and argue why their client should be successful.
- Jury instructions: In cases involving a jury, the judge will instruct the jury on the law that applies to the case. The judge will also explain the jury’s role in the trial and how they should decide the case.
- Jury deliberations: In cases involving a jury, the jury will then retire to deliberate and reach a verdict. The jury must reach a unanimous verdict in order to decide the case.
- Verdict: Once the jury has reached a verdict, they will return to the courtroom and announce their verdict to the judge.
- Judgment: If the jury finds in favor of the plaintiff, the judge will enter a judgment in the plaintiff’s favor. The judgment will specify the amount of damages that the defendant must pay to the plaintiff.
If you are involved in a civil lawsuit in Canada, it is important to understand what happens at trial. A lawyer can help you prepare for trial 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.