LCW has a strong tradition in the area of civil litigation. For decades, our lawyers have appeared at all levels of the Ontario court system, representing our clients by helping individuals and businesses assert their rights.
As the nature of dispute resolution has changed, our lawyers have adapted. Our current litigation team is experienced in mediation, arbitration, and trial work. If you are involved in a dispute which requires legal assistance, you can be confident that the litigation lawyers at LCW will work hard on your behalf to bring about an efficient and expedient resolution.
LCW Litigation Lawyers Provide Trusted Services including:
- Personal Property Lawsuits
- Estate Litigation
- Bankruptcy and Debt Recovery
- Defamation and Libel
Contact one of our experienced lawyers practicing Civil Litigation to help you successfully navigate your legal needs.
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Frequently Asked Questions
What is a civil litigation lawyer?
Civil litigation lawyers advise and represent clients in cases involving wills and estates, divorce, child custody, property ownership, personal injury, and other matters. They advance your interests, shield you during ongoing litigation, and help assert your rights.
When it comes to understanding complex documents, reaching out to a lawyer can be the best thing for you to do.
What is the difference between a lawyer and a litigator?
In a technical sense, there is no difference between a lawyer and a litigator in Ontario. Any licensed and registered lawyer can represent you in court; however, in practice, litigators are lawyers particularly skilled at advocating for clients before tribunals, boards, and the courts.
An experienced litigator may be able to better advise on how long suits take, what tactics to employ, and how to resolve your matter efficiently.
What comes under civil litigation?
Civil litigation is the process of filing or responding to a lawsuit involving a civil dispute, such as a family matter, property claim, financial dispute, or personal injury. Civil cases in Ontario are governed by the Rules of Civil Procedure and are decided on prevailing legislation and prior case law.
When do I need a litigation lawyer?
You will need the services of a litigation lawyer in a few circumstances, such as:
- If you are seeking to assert your rights or the rights of someone you have legal responsibility for (such as a child, an estate, or a power of attorney).
- If a lawsuit has been filed against you or someone you have legal responsibility for or your business.
Employment, insurance, and land disputes may first be heard by a presiding tribunal; consider hiring a litigator to protect your interests from the get-go.
How do I sue someone?
The first step in suing someone is speaking to a lawyer about your matter. They will be able to advise you on whether a lawsuit is the most efficient way to assert your rights, and if so, how to go about it.
Lawsuits valued at $35,000 and under are heard by the Small Claims Court. For amounts over that, you will need to go before the Superior Court of Justice.
How long does it take to bring a claim to court?
Before a claim can be brought to court, your lawyer will need to verify the facts, prepare a legal strategy, gather evidence, and draft pleadings. This process can take anywhere from a few days to a few weeks, depending on the nature and complexity of your case.
Once the suit is filed, the opposing party has 20 days to respond to your claim.
What are the Rules of Civil Procedure?
The Rules of Civil Procedure apply to and govern all civil proceedings in Ontario. They are a specific set of rules, forms, and instructions that all parties to proceedings must abide by, to ensure a fair trial and prevent an abuse of process.
The Rules apply pre-trial as well, governing evidence gathering, pre-trial conferences, and more.
What Court fees will I need to pay?
Court fees depend on the value of your lawsuit, before which forum it will be filed, and the documents you will be filing. Without knowing the facts of your case and having a strategy in place, it is very difficult to say what and how much court fees you will need to pay.
Discuss your matter with a Lancaster Chown & Welch LLP lawyer to understand how much court fees you may have to pay.
What is an injunction?
An injunction is an order of the court ordering an individual or organization to either:
- Stop performing a certain action; or
- To compel them to perform a certain act.
An example of an injunction in a family lawsuit would be the court ordering a parent to not take the children out of the country.
How much does a civil lawyer cost?
A civil lawyer in Ontario can charge anywhere from $200 to $800 per hour, depending on their experience, expertise, and track record. You may also have to pay an upfront retainer fee when you hire a lawyer.
The Law Society of Ontario does not prescribe a fee; however, most lawyers tend to follow the prevailing market rate. To learn more about legal fees and costs, talk to us.
Do you need a lawyer in civil court?
No, you can represent yourself in civil court, if you so choose to do so, but it is highly inadvisable. The Rules of Civil Procedure, legislation, and prevailing case law are complex and can be overwhelming for someone not familiar with civil cases. You can easily harm your own interests by trying to advocate for yourself, especially if the opposite party has engaged a lawyer.