Maysyuk Law

Civil Litigation

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Civil Litigation

Practical and value-driven advice to resolve your disputes.

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  • Review of the case
  • Draft necessary documents (statement of claim, statement of defence, etc.)
  • All steps of the litigation proceedings (motions, trial, etc.)
  • Small claims
  • Construction Lien litigation
Jurisdiction
Civil Litigation Process
  1. Determining Jurisdiction
  2. Statement of Claim
  3. Statement of Defence and Counterclaim
  4. Reply and Defence to Counterclaim
  5. Discovery Plan
  6. Affidavit of Documents (Documentary Discovery)
  7. Examinations for Discovery
  8. Answering Undertakings and Motions to Compel Answers
  9. Motions
  10. Mandatory Mediation
  11. Set the Matter Down for Trial and Pretrial Conference
  12. Trial
Limitation Period

For most causes of action there is a basic two-year limitation period running from the day that the claim is discovered.

A claim is discoverable on the earlier of the day on which:

  • The person with the claim first knew each of the following: (i) that the injury, loss or damage had occurred, (ii) that the injury, loss or damage was caused by an act or omission by the person against whom the claim is made, and (iii) that a proceeding would be an appropriate means to seek a remedy. Unless the claimant can prove otherwise, the claimant is presumed to know all of the foregoing on the day on which the act or omission took place; and
  • A reasonable person with the abilities of the claimant and in the circumstances of the claimant first ought to have known each of the elements of the claim set out above.

There are certain claims that are not subject to any limitation period.
Ontario has different courts that hear civil matters:
  1. The Small Claims Court (OSCC) is a branch of the Superior Court of Justice and the lowest court in Ontario’s civil court system. This court’s monetary jurisdiction is an important consideration. The Small Claims Court hears civil actions involving claims up to $25,000.
  2. If you are proceeding with a claim for more than $25,000, you must start your claim in the Superior Court of Justice. A claim above $25,000 up to $100,000 can be started in the Superior Court of Justice using the Simplified Procedure(rule 76.01(1), Rules of Civil Procedure) process.
  3. Claims over $100,000 are started in the Ontario Superior Court of Justice under the ordinary Rules.  Parties can, however, agree to use the simplified procedure for claims over $100,000.
What to Expect

According to recent surveys of Canadian lawyers, it can cost upwards of $10,000—$25,000 to take a lawsuit through the traditional litigation process and a trial. Small claims actions cost considerably less and often involve little more than a small filing fee and another fee to serve documents on the opposing side.

Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim. Responding to the opposing side’s documents and conducting examinations for discovery will likely involve another $3,500-$5,000. The preparation and presentation of your case at trial is likely to add another $5,000—$15,000 to your legal costs. None of this includes any judgments of the court that may go against you.