Litigation

“Some of my clients have felt that litigation was necessary, but I have yet to hear one say it was pleasant. Someone once commented that Courts were like abattoirs - "If you go in like a pig, you will come out like a sausage!" 

Suing someone is a protracted and expensive process. There is a lot to be said for giving up a bit to achieve an early settlement. In fact, fewer than 5% of the civil cases started actually get to trial. The rest are resolved or abandoned along the way. 

To collect damages or debts that are owed to you, you go through the Civil Court system. Depending on the amount you are claiming, you will generally be either in Small Claims Court or The Superior Court of Ontario. Most people find that, especially if you are in Superior Court, the complexities are such that you need to hire a lawyer. Non small claims courts handle matters under $35,000. Superior Courts handle larger cases. 

In Small Claims Court, if the issue is fairly straight forward, you may be able to handle it yourself or by hiring a paralegal or ‘agent’. The Small Claims Court Office will give you a copy of an excellent, step-by-step, guide called "How to Make Small Claims Court Work For You". 

For more information on litigation in Ontario, see the Courts Administration website and click on "Going to Court".

Staff at any court office will also be very helpful.