Canadian Litigation Guide: How Civil Lawsuits Work Step-by-Step

The Canadian litigation guide helps individuals understand how civil lawsuits function in real-life legal systems, far beyond the dramatized versions portrayed in movies. Contrary to popular belief, lawsuits can take months or even years to resolve, depending on various factors like the complexity of the case, evidence, and legal representation.

In Canadian law, litigation falls under “civil procedure,” which includes everything from initiating a claim to trial and post-trial remedies.

Common Reasons You Can File a Lawsuit in Canada

Civil litigation can arise in many situations. Below are some common causes for starting a legal claim:

  • Unpaid personal loans or debts
  • Investment losses or misrepresentation
  • Breach of contract
  • Defamation (libel or slander)
  • Property damage
  • Personal injury (e.g. car accidents, dog bites)
  • Professional negligence or malpractice
  • Fraud or financial deception
  • Nuisance in real estate matters
  • Employment-related disputes

How Civil Litigation Starts in Canada

Step 1: Legal Research Comes First

Before rushing to the courthouse, plaintiffs must conduct thorough research. Filing a poorly constructed claim without legal grounding may lead to it being dismissed by the court.

Step 2: Drafting the Legal Pleadings

A claim must include:

  • A clear statement of facts
  • A well-defined legal basis for the lawsuit
  • An estimated amount of damages

If the legal foundation is weak, the opposing counsel may file a motion to dismiss your claim.

Step 3: Filing the Claim

Once a solid case is drafted, the claim is filed in the appropriate court (e.g. Small Claims or Supreme Court, depending on the monetary value).

How to Prepare a Strong Litigation Case

1. Understand the Value of Your Claim

Knowing how much you’re owed helps determine if litigation is worth pursuing. For example:

  • Loaned $50,000 and never repaid = $50,000 claim
  • Medical costs after assault = Claim includes medical expenses

2. Organize All Evidence

  • Gather emails, texts, contracts, and receipts
  • Ensure all documents are accurate and dated
  • Avoid exaggerating or fabricating facts

3. Work With a Lawyer

If you’re unfamiliar with legal proceedings, hiring a law firm can improve your chances of success. Lawyers help:

  • Clarify damages
  • Build a strategy
  • Collect admissible evidence
  • Represent you at hearings and trial

Discovery Process: Exchanging Evidence

Once both parties have filed their initial pleadings, the lawsuit enters the discovery phase. This stage is crucial for building or defending a case.

Types of Discoverable Evidence:

  • Contracts and written communications
  • Financial records and receipts
  • Photographs or videos
  • Witness statements
  • Expert reports

If you fail to disclose a document during discovery, you may be barred from using it at trial.

Court Orders for Disclosure

In some cases, a party may need court permission to access certain records, especially financial documents like:

  • Bank account statements
  • Credit card activity
  • Property ownership records

To obtain this, your lawyer files a notice of application, and the judge decides whether the request is justified.

Examination for Discovery (Depositions)

In Canada, depositions are referred to as “examinations for discovery.” This is when each side questions the other under oath.

Purpose:

  • Clarify statements made in the pleadings
  • Confirm or challenge evidence
  • Assess the credibility of the other party

These sessions can help narrow the issues for trial or even lead to a settlement if the facts are clearly established.

Best Practices for Litigation Success

1. Be Meticulously Organized

  • Record all correspondence
  • Log every phone call, delay, or court interaction
  • Track all deadlines and responses

2. Keep Your Composure

  • Avoid aggressive or unprofessional behavior
  • Always communicate in writing
  • Offer to negotiate when appropriate

3. Think Strategically

Litigation can drag on. Keep the end goal in mind-whether it’s recovering damages, proving your innocence, or settling quickly.

FAQs About Canadian Litigation

How long does a civil lawsuit take in Canada?

Civil lawsuits can last anywhere from 6 months to several years depending on the case complexity, number of parties involved, and court availability.

Do I need a lawyer to file a civil claim in Canada?

No, but having a lawyer significantly improves your chances of success. They help ensure your claim is complete and legally sound.

Can I recover legal fees if I win?

Yes, in many cases, the losing party may be ordered to cover part of your legal costs, but usually not the full amount.

What happens during the discovery phase?

Each party exchanges relevant evidence, questions the other side, and prepares for trial. It’s a critical part of building or defending a case.

What if the other party ignores my lawsuit?

If the defendant doesn’t respond within the required time, you can ask the court for a default judgment in your favor.

Final Thoughts

Litigation in Canada is a structured, evidence-based process. It requires preparation, organization, and patience. If you’re considering filing a lawsuit or have been served with one, consult with a qualified legal professional to ensure your rights are protected and your case is on solid footing.