Civil Litigation Lawyer in Ajax, Durham Region & the GTA

Disputes we handle

• Contract and business disputes
• Debt recovery and collections
• Small Claims Court (claims up to $50,000)
• Ontario Superior Court of Justice actions
• Demand letters and negotiated settlements

Limitation periods

Most civil claims in Ontario must be started within two years of when the claim was discovered. Missing the deadline can end your claim permanently.

How a civil lawsuit moves forward in Ontario

Most disputes start with a demand letter that sets out what is owed and gives the other side a chance to resolve the matter before a claim is issued. Many cases settle at this stage.

If they do not, a claim is started in the right court. Claims up to $50,000 go to Small Claims Court. Larger claims are started in the Ontario Superior Court of Justice with a statement of claim under the Rules of Civil Procedure, and claims up to $200,000 usually follow the simplified procedure, which limits discovery and trial length to keep costs proportionate.

After pleadings, each side exchanges relevant documents and the parties are examined for discovery. Cases in Toronto, Ottawa and Windsor go to mandatory mediation, and every case has a pre-trial conference before a judge. Most actions settle before trial; the ones that do not are decided by a judge, or in some cases a jury.

If you have been sued

A statement of claim served on you in Ontario generally requires a statement of defence within 20 days, and a Small Claims Court defence is also due within 20 days of service. If you do nothing, the other side can ask for default judgment. Bring us the claim as soon as you receive it so we can review your defences, any counterclaim and whether the claim was started in time.

Legal costs and what you can recover

In Ontario, the successful party is usually awarded part of its legal costs from the other side, while the unsuccessful party can be ordered to pay. In Small Claims Court, costs are generally capped at 15 percent of the amount claimed, not counting disbursements. Settlement offers made under the Rules can shift costs significantly, so we use them strategically from the start.

Collecting on a judgment

A judgment is only useful if it is paid. When a debtor will not pay voluntarily, we use the enforcement tools available in Ontario, including garnishment of wages or bank accounts, a writ of seizure and sale registered against land, and an examination of the debtor about their income and assets.

What to bring to your consultation

• Any contract, invoice, quote or purchase order
• Emails, texts and letters with the other party
• Proof of payment or non-payment
• A short timeline of what happened and when
• Any claim, defence or court document you have received