Business is more global than ever. If you are outside of Canada but need to commence litigation in Ontario, then Crangle can explain how the court process works here, the various steps in a lawsuit, the expected timeline and costs. It is now easier than ever to communicate with foreign clients by way of videoconferencing. You may be thousands of miles away but we can communicate as if we are in the same room.
To start a lawsuit in Ontario, a plaintiff needs to file a Statement of Claim or Notice of Application. The Statement of Claim needs to be served on all of the named defendants, who then have 20 to 30 days serve their Statement of Defence. A defendant may Counterclaim against the plaintiff and can also assert a Crossclaim against other defendants for contribution and indemnity. There are many steps within the litigation process before a case gets to trial. The parties are required to exchange Affidavits of Documents and then conduct Examinations for Discovery. In certain jurisdictions like Toronto, there is Mandatory Mediation. This gives the parties an opportunity to try and settle with the assistance of a mediator. There is nothing preventing the parties from trying to settle at any time, but it often takes a Mediation to focus the parties towards trying to settle. If that is not successful then the case proceeds to a Pre-Trial Conference. This is often the first time the parties have actually sat before a judge.
If the case does not settle at the Pre-Trial conference then it will proceed to Trial. It is estimated that only approximately 5% of cases actually go all the way to Trial. The reason is because litigation can be expensive and it can take two years or more for a case to get to Trial.
Clients always want to know how much litigation will cost them. That is a difficult question to answer because the expenses depend on the particular circumstances of each case. For instance, if one of the parties is not providing full disclosure, as required, then a Motion may be brought to compel them to provide fuller disclosure. Some cases require numerous Motions before Trial to compel one party to do something, or prevent them from doing something. There are legal fees associated with each step. Trial is by far the most expensive step in a lawsuit because it may last days or even weeks, with numerous witnesses and even expert witnesses. A trial that is scheduled for five days usually takes approximately five days of preparation beforehand for a lawyer to get ready, prepare the Exhibit Books, prepare Examination Questions, prepare the Witnesses, perform legal research and prepare an Opening Statement. In addition to legal fees adding up, there is risk to going to Trial because the decision is going to be made by a Judge. Judges are just like regular people, only smarter. They may view a case differently than you do. They can also have a bad day like everyone else, or they can get something wrong. There is always some risk whenever you go to trial, because a Judge may view something that happened differently than you do. You should also know that the loser at trial usually has to pay a portion of the winner’s legal fees. If you do not agree with the decision of the Trial Judge, then you have 30 days to Appeal. There are costs associated with appealing as well. Usually you can only appeal a finding of law, not a finding of fact that a Judge makes.
Crangle is always conscious of trying to provide the most economical and efficient methods possible in order to provide value for the client.
If a case goes to trial, you want someone that is an experienced trial lawyer like Crangle. Believe it or not, there are civil litigators that have been lawyers many years and have never been conducted a trial. Crangle always tries to settle a case, but if it cannot be settled, then trial may be the only option left to obtain justice.
Whether it is a business dispute, employment law issue, shareholder dispute, partnership dispute, property dispute, real estate dispute, commercial landlord dispute, supplier problem, etc., then you need an experienced, aggressive lawyer that delivers value for your money. Crangle represents both companies and individuals in all areas of litigation, and has been a repeat Guest Speaker at the Ontario Bar Association. Crangle has successfully argued in the Superior Court of Justice, the Divisional Court and the Court of Appeal, as well as in numerous administrative tribunals
Call or email for a free consultation. Contingency fee arrangements may be available in appropriate circumstances.