Civil litigation is the legal process used to resolve non-criminal disputes between individuals, businesses, corporations, estates, property owners, and other parties. In Ontario, civil litigation can involve claims for damages, enforcement of contractual or property rights, declarations, injunctions, and other remedies available through the courts.
Civil litigation is different from a criminal prosecution. The dispute usually concerns private legal rights and obligations: whether a contract was breached, money is owed, property rights were interfered with, a business relationship has broken down, or another party has caused a legally recognized loss.
Many civil proceedings in Ontario are heard by the Ontario Superior Court of Justice and are governed by the Rules of Civil Procedure, although the correct court, tribunal, or procedure depends on the nature of the claim and the relief being sought. Ontario civil proceedings may be commenced by an action, commonly through a Statement of Claim, or in appropriate circumstances by an application.
ME Law’s Civil Litigation practice focuses on disputes where the legal position, evidence, procedural strategy, and commercial consequences need to be assessed together rather than treated as isolated steps.
How does a civil lawsuit usually begin?
In an action, the plaintiff sets out the material facts and relief sought in a Statement of Claim. After the claim is served, the defendant has an opportunity to respond, generally through a Statement of Defence.
The pleadings define the positions the parties are taking. They identify what is being claimed, what is admitted or denied, and which factual and legal issues remain in dispute.
The Rules of Civil Procedure govern the requirements for pleadings and the procedural steps that follow in Ontario Superior Court litigation.
If you have already been served with a claim, ME Law’s Defending a Civil Claim page explains the defence-side considerations in more detail.
What happens after the pleadings?
Once the parties’ formal positions have been established, the litigation may move into documentary disclosure and Examinations for Discovery.
Discovery allows each side to obtain relevant information and documents from the other parties before trial. It can clarify the factual record, reveal evidentiary strengths and weaknesses, narrow the issues genuinely in dispute, and affect decisions about settlement, motions, and trial strategy.
Discovery is not merely administrative. What emerges from documents and examinations can materially change how a case should be advanced or defended.
For more detail on this stage, see ME Law’s Discovery & Documentary Production.
Does civil litigation always mean going to trial?
No. A civil lawsuit can include many procedural and strategic stages before trial, and a case may resolve at any of them.
Depending on the matter, the parties may engage in:
- negotiation or settlement discussions;
- mediation;
- documentary and oral discovery;
- procedural or substantive motions;
- Summary Judgment proceedings where appropriate;
- a pre-trial conference;
- trial, if the dispute cannot otherwise be resolved.
Ontario court guidance expressly recognizes settlement as something parties can pursue throughout a civil proceeding, while motions can be used to obtain court orders on issues that arise before trial.
A case therefore should not be approached on the assumption that filing a claim inevitably means a full trial. The appropriate strategy depends on the evidence, legal issues, procedural stage, available remedies, cost exposure, and the client’s objectives.
What can the court decide in civil litigation?
The remedy depends on the claim.
A party may seek monetary damages, enforcement of contractual obligations, declarations concerning legal rights, possession or recovery of property, injunctive relief, or other orders available under the applicable law.
If a matter proceeds to trial, the parties present their evidence and legal arguments to the court. In an ordinary civil action, the plaintiff generally bears the burden of proving the allegations relied upon on the balance of probabilities.
The litigation process can also generate decisions about costs. Winning the underlying dispute does not necessarily mean recovering every dollar spent on the case, and an unsuccessful party may face an adverse costs award. Cost exposure is therefore part of litigation strategy, not simply an issue considered after judgment.
What determines the right civil litigation strategy?
The existence of a legal claim is only the beginning of the analysis.
A litigation strategy should consider:
- the strength of the available evidence;
- the claims and defences that can properly be advanced;
- limitation periods and procedural deadlines;
- whether evidence or property needs to be preserved;
- whether urgent interim relief may be required;
- the realistic value and enforceability of the remedy sought;
- the cost and proportionality of motions, discovery, and trial;
- whether negotiation, mediation, or another resolution path should be pursued.
This is why two disputes involving the same legal issue can require very different litigation strategies.
A straightforward contractual dispute supported by clear documents may call for one approach. A shareholder dispute involving competing narratives, extensive financial records, and urgent corporate-control issues may require a much more intensive evidentiary and procedural strategy.
How does ME Law approach civil litigation?
ME Law approaches civil litigation as a combination of legal analysis, evidence management, procedural strategy, and client objectives.
At the outset, the firm assesses what can be established on the available record, which remedies are realistically available, what procedural risks exist, and whether the matter is better advanced through litigation, negotiation, mediation, targeted motions, or another route.
As the record develops, the strategy may need to change. Pleadings, documentary production, discovery evidence, settlement proposals, and court decisions can each alter the risk profile of a case.
Where a dispositive motion may be appropriate, ME Law’s Summary Judgment Motions page explains that procedure in more detail.
Contact ME Law to discuss a civil dispute and the litigation options that may be available.