The Ontario Superior Court of Justice has jurisdiction over most types of civil claims governed by provincial legislation. If you have a civil claim for the sum of $35,000.00 or less, or for the return of personal property that has a value of $35,000.00 or less, your lawsuit must be started in Small Claims Court. For all other civil matters in the Superior Court of Justice, the stages of a lawsuit are as follows:
- File a Statement of Claim with the court. You may file a claim in any location of the Superior Court of Justice, except for claims involving a mortgage, which generally must be filed in the region where the subject property is located. A civil lawsuit must generally be started within two years of discovering the claim. However, there are different time periods that apply depending on the type of claim. If you do not start a lawsuit before the expiry of the applicable period, you will not be entitled to the requested relief. A lawsuit may also be started by filing a Notice of Application, depending on the nature of the case and the specific relief sought. Civil applications follow a different procedure than civil actions. Most lawsuits are started by filing a Statement of Claim.
- Serve the Statement of Claim on the defendant personally or by an alternative to personal service. There are specific rules of service depending on who is being sued. If the defendant is an individual, the Statement of Claim may be served by leaving a copy with the defendant, or by leaving a copy in a sealed envelope addressed to the defendant with an adult member of the same household and, on the same day or the next day, mailing a copy to the defendant at that residence.
- If the defendant was served in Ontario, the defendant has twenty days to file a Statement of Defence. If the defendant was served in Canada but outside of Ontario, or in the United States, the defendant has forty days. If the defendant was served elsewhere, the defendant has sixty days.
- In the discovery stage, the parties exchange affidavits of documents listing the relevant documents in each party’s possession, power, or control. The parties then hold examinations for discovery, where each party answers questions under oath outside of court.
- In Toronto, Windsor, and Ottawa, mediation is mandatory for most civil actions. Elsewhere, mediation is optional. Mediation lets the parties discuss the issues confidentially with an independent third party, with a view to settling. The mediator facilitates communication and does not impose a decision.
- Set the action down for trial by filing a trial record, which includes copies of the Statement of Claim and Statement of Defence. Once an action is set down for trial, the case advances to the trial scheduling process.
- Attend a pre-trial conference among the parties, their lawyers if any, and a judge. The objectives are to attempt a settlement and to discuss the details of the trial.
- If the matter is still unresolved, the action proceeds to trial. Each party presents evidence through testimony and documents and makes legal arguments. The successful party is generally entitled to receive some of their legal costs from the unsuccessful party.