CIVIL LITIGATION
What is a civil action and do I need a civil litigation lawyer?
A civil action is when a private party brings a lawsuit against another party. The other party can be an individual, a corporation, or the government.
In order to bring a civil action you must have a cause of action that exists in law. Either you, or your lawyer, must construct a legal argument based on the facts and the law. To do this you must establish that the legal dispute is based in contract or tort.
The type of conduct that falls under the umbrella of civil wrongs and attracts civil liability is quite large in scope and can be difficult to discern. The law is highly technical and the vast majority of causes of action must meet a “legal test” in order to be successful. The failure to understand the application of a legal test to a particular set of facts can be fatal to a claim.
If you are uncertain whether you have a legally recognized cause of action it is recommended that you book a consultation with a lawyer who practices in that particular area in order to preserve your rights. Remember, you may have a limited window of time in which to commence an action after which you may be statute-barred. Your decision to proceed with a lawsuit should be an informed one. Knowledge about the current state of the law and how it applies to your factual scenario is fundamentally important.
We can assist you with the following matters:
- Contract Disputes
- Employment Law issues
- Defamation
- Fraud
- Battery
- Consumer Protection
- Negligent Misrepresentation
- Civil claims arising from criminal convictions
Frequently Asked Questions
If you are served with a Statement of Claim you may be nervous and confused about what to do next. It is important not to ignore it as the court may grant a default judgment to the Plaintiff if you do not respond. While you do not have to retain legal counsel counsel, you must respond to the claim within 20 days if you are served in Ontario, 40 days if served elsewhere in Ontario or the United States, or 60 days if served anywhere else. These are the timelines prescribed by the Rules of Civil Procedure. You can also file a notice of intent to defend which will give you an additional 10 days to deliver a Statement of Defence if you intend to defend the action. While you can do it yourself, responding to a Statement of Claim can be very difficult and time-consuming for a non-lawyer. It is generally recommended that you at least speak to a lawyer who can give you advice on the next step to take.
In general, a successful party is entitled to costs but there are some exceptions. These exceptions usually come into play when the the successful party has behaved unreasonably in the action. For example, even if a Plaintiff is successful at trial and obtains a favourable judgment, the Plaintiff may not be awarded to their full costs. This occurs if the Defendant makes an offer to settle in compliance with Rule 49.10 of the Rules of Civil Procedure. If the Defendant makes an offer to settle at least 7 days before the hearing that is not withdrawn, and it is not accepted by the Plaintiff, and then the Plaintiff obtains a judgment as favourable or less favourable, the costs consequences of Rule 49.10 will be triggered. This means that the Plaintiff will only recover costs up to the date that the Defendant made its offer, and the Defendant will recover cost on a partial indemnity scale from after the date it serves its offer. This serves to provide an incentive for parties to behave reasonably and to accept offers to settle that can avoid the trouble and costs of going to court.
A motion is simply a step in the lawsuit where the parties are unable to resolve a dispute themselves and ask the court to decide the issue. For example, a Defendant may seek to dismiss the case on various grounds. The Defendant can claim that the action is an abuse of process, or that the Plaintiff has failed to state facts which, if true, would constitute a legal cause of action. The Plaintiff may ask the court to compel the Defendant to deliver a further or better Affidavit of Documents, or to answer refusals during examinations under oath. The Applicant brings a motion by filing a notice of motion which sets out the relief desired by the Plaintiff. The Applicant files a motion record first, filing a motion record in support of the motion on opposing counsel and filing it with the court. The motion record contains the notice of motion, an affidavit, and a factum. The party opposing the motion also serves a motion record in response to the Applicant's motion record, and then serves and files it. In addition to submitting written materials, the lawyers usually present oral submissions before the judge. Arguments may be heard in open court with each lawyer standing at a lectern where the judge has the opportunity to ask questions.