Understanding the Civil Litigation Process: A Guide for Peace of Mind

Gujral Law Professional Corporation in Mississauga, Ontario, specializes in providing exceptional civil legal representation. Our firm is dedicated to collaborating closely with our clients to develop effective strategies to secure favourable outcomes. Whether you are the defendant or the plaintiff in a civil case, our team is committed to offering robust advocacy and comprehensive support throughout the litigation process.

Under the leadership of Mr. Tarunjeet Gujral, our legal team has extensive experience in providing expert, personalized advice. We represent individuals, businesses, charities, and not-for-profit organizations in diverse matters. 

The civil litigation process

Civil litigation occurs when there is a dispute between two parties. While there are several grounds for civil litigation, the common ones include business disputes, personal injuries, family claims, and tenancy disputes. Whatever the cause of the conflict, the litigation process doesn’t change much from case to case.

These are the typical steps involved in civil litigation.

1. The Demand Letter: This involves writing a letter to the opposing side with personal demands before you take legal action. This gives parties a chance to avoid litigation , if possible and gives plaintiff chance to seek higher cost upon victory.

2. The Statement of Claim: When the opposing side doesn’t comply or respond to your demand letter, the next step is to draft a lawsuit, known as “pleading” your case. The Statement of Claim outlines the background of the dispute, damages suffered, and a legal argument for why the case should be ruled in your favour. 

3. Serving the claim: Once you file the claim with the court, you must serve the defendant. Once the defendant receives your claim, they have 20 days to respond and appear in court. Otherwise, you could request a default judgment.

4. Gathering evidence: Both parties enter into a discovery process to collect evidence to support the case. During this step, we also analyze the strengths and weaknesses of your case and the opposing side to devise a winning defence.

5. Mediation: In most cases, the court will ask the parties to mediate through a neutral mediator who tries to help the parties reach a mutually agreeable solution. The matter proceeds to trial if the parties don’t reach an amicable solution. 

6. Trial: A trial involves both parties presenting the case before a judge. After listening to all parties, the judge decides in favour of one party.

7. Appeal: If the losing party feels the judgment was incorrect in law, they may appeal to a higher court for a favourable decision. 

The process of civil litigation is complicated and time-consuming. It’s costly, too, especially when the decision goes against you. Parties that lose cases must pay their own legal costs plus all or part of the winner’s cost. If you want us to handle your civil case, please call (647) 957-8077 to talk to Mr. Tarunjeet Gujral and his team.