Navigating the Canadian legal system as a citizen involved in a civil lawsuit can feel daunting, whether you’re considering filing a claim or have been served with legal documents. Understanding the stages of a civil lawsuit in Canada can help reduce uncertainty and empower you to make informed decisions. This guide outlines the typical process for civil litigation in Canada’s common law provinces (excluding Quebec, which follows a civil law system). While each case is unique, the general framework remains consistent across jurisdictions like Ontario, British Columbia, and Manitoba. Below is a detailed breakdown of what to expect from start to finish.
Stage 1: The Incident and Initial Assessment
Every civil lawsuit begins with a dispute or incident, such as a personal injury (e.g., slipping on an icy stairwell), a breach of contract, a property dispute, or harm caused by negligence.
As a Canadian citizen, your first steps include:
- Gathering Information: Collect all relevant documents, photos, communications, and witness information related to the incident. Being organized strengthens your case.
- Consulting a Lawyer: Meeting with a civil litigation lawyer, such as Powell Litigation, is critical. They will assess your case, review evidence, and advise on its merits, potential legal claims, and estimated costs. If you’ve been served with a lawsuit, contact a lawyer immediately, as strict deadlines (often 20 days to respond) apply. The Law Society of Ontario’s Lawyer and Paralegal Directory can help you find a qualified lawyer in Ontario, while similar services exist in other provinces, such as the Law Society of British Columbia’s Lawyer Lookup.
Stage 2: Pleadings – Formally Starting the Lawsuit
If your lawyer determines you have a viable claim (or if you’re defending a lawsuit), the formal process begins with pleadings, which define the dispute for the court.
- Statement of Claim (or Notice of Civil Claim): The plaintiff (the person or entity suing) files a Statement of Claim with the appropriate court, such as the Superior Court of Justice in Ontario or the Supreme Court of British Columbia. This document outlines the facts, legal claims (e.g., negligence, breach of contract), and remedies sought (e.g., damages). For details on filing in British Columbia, see the BC Supreme Court’s Civil Forms.
- Service of Process: The claim is served on the defendant (the party being sued) by a process server or other approved method, ensuring they’re formally notified. Rules for service are outlined by the Government of Canada’s Justice Department.
- Statement of Defence: The defendant must file a response, typically within 20-30 days, depending on the province. This document admits, denies, or claims insufficient knowledge of the plaintiff’s allegations. The defendant may also file a counterclaim. Failure to respond can result in a default judgment, where the court assumes the plaintiff’s allegations are true.
- Reply (if applicable): The plaintiff may file a reply to address new issues raised in the defendant’s statement of defence. Once all pleadings are filed, the pleadings stage is considered “closed.”
Stage 3: Discovery – Gathering Evidence
The discovery phase allows both parties to collect evidence to build their case and understand the opposing side’s position. This phase promotes transparency and often encourages settlement.
- Documentary Discovery: Each party compiles and shares an Affidavit of Documents, listing all relevant documents in their possession, power, or control (e.g., contracts, emails, medical records). Privileged documents (e.g., lawyer-client communications) may be exempt.
- Examinations for Discovery: Parties are questioned under oath by opposing lawyers in the presence of a court reporter. These sessions clarify facts and seek admissions to narrow trial issues. The process is governed by provincial rules, such as Ontario’s Rules of Civil Procedure.
- Discovery Plan: In some provinces, like Ontario, parties must agree on a discovery plan within 60 days after pleadings close, addressing timelines and electronic discovery (e.g., emails).
- Other Tools: Interrogatories (written questions), requests for admissions, or medical examinations may be used, depending on the case.
Stage 4: Pre-Trial Motions and Settlement Negotiations
During or after discovery, parties may file pre-trial motions, and settlement discussions intensify to avoid trial.
- Pre-Trial Motions: These ask the court to rule on specific issues. Common motions include:
- Motion to Dismiss: Argues the claim lacks legal merit.
- Motion for Summary Judgment: Seeks a ruling without trial if no material facts are disputed.
- Settlement Negotiations: Most civil cases in Canada (over 90%) settle before trial. Settlement can occur through:
- Mediation: A mandatory step in some regions (e.g., Toronto, Ottawa, and Windsor under Ontario’s Rule 24.1). A neutral mediator helps parties negotiate. Learn more about mediation from the ADR Institute of Canada.
- Settlement Conferences: A judge may offer an opinion to encourage resolution.
- Direct Negotiations: Lawyers discuss settlement informally.
Stage 5: Trial – Presenting the Case
If no settlement is reached, the case proceeds to trial, held before a judge or, in some cases, a judge and jury (though jury trials are rare in civil cases outside Quebec).
- Jury Selection (if applicable): In a jury trial, attorneys question potential jurors (voir dire) to ensure impartiality.
- Opening Statements: Each side outlines their case and intended evidence.
- Presentation of Evidence: Witnesses testify, and documents/exhibits are introduced. Lawyers conduct direct and cross-examinations. Hearsay evidence is generally inadmissible.
- Closing Arguments: Attorneys summarize evidence and argue their case.
- Verdict or Ruling: In a jury trial, the jury decides the facts based on the “balance of probabilities” standard (i.e., more likely than not, a lower threshold than criminal law’s “beyond a reasonable doubt”). The judge applies the law. In a judge-alone trial, the judge decides both facts and law.
Stage 6: Post-Trial and Appeals
The trial’s outcome may not be the end of the process.
- Post-Trial Motions: The losing party may request the judge to set aside the verdict or order a new trial.
- Appeals: If a party believes a legal error occurred, they can appeal to a higher court, such as the British Columbia Court of Appeal. Appeals focus on legal errors, not new evidence. The Supreme Court of Canada may hear cases of national importance, but leave to appeal is rarely granted.
- Enforcement of Judgment: If the defendant doesn’t pay a monetary judgment, the plaintiff may pursue enforcement (e.g., garnishing wages or seizing assets). For enforcement guidance, see the Government of British Columbia’s Court Orders Enforcement.
Key Considerations for Canadian Citizens
- Court Selection: Choose the right court based on the claim’s value and type. For example, Ontario’s Small Claims Court handles claims under $35,000, while the Superior Court handles larger claims. British Columbia’s Civil Resolution Tribunal handles certain disputes up to $5,000.
- Limitation Periods: Most provinces impose a two-year limit from when the claim was discovered to file a lawsuit, though exceptions exist (e.g., sexual violence cases). Check British Columbia’s Limitation Act for details.
- Costs: The losing party may pay a portion of the winner’s legal costs, but this rarely covers full lawyer fees.
- Legal Support: If you’re a survivor of sexual or intimate partner violence, resources like Justice Canada’s Legal Information for Survivors offer guidance.
