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Civil Litigation

“We have had the reassurance of David’s defence...”

– J. and L. Toronto

Civil Litigation Toronto

litigation-TorontoCivil Litigation is when two or more private parties are involved in court proceedings against each other, with one side, the Plaintiff or the Applicant, claiming something (usually, but not always or exclusively, money) from the other side, the Defendant or the Respondent. This type of proceeding can be contrasted with Criminal Litigation, where the state (in Canada, the Queen) has brought a claim against a private citizen or a corporation that has broken a law, and is seeking a penalty, usually a fine or imprisonment, against a person charged with an offence. Although the government, or an agency of the government, can also be a party to a civil lawsuit, it is as a private actor, and does not have the power to imprison or fine the other parties if it is successful, but only to seek monetary damages and reimbursement of legal costs.

There are many types of cases and areas of law which can be adjudicated in the civil law system such as claims for personal injury, damages from breach of contract, contestation of wills, and collection of outstanding invoices, to name a few. The one thing that these matters all have in common is that they are all brought in the civil court system, and in Ontario, are subject to the Rules of Civil Procedure which is the formal name of the rules that govern the process of a court proceeding (family law cases have their own set of rules). The “Rules,” as they are commonly referred to by lawyers, are actually a set of regulations made under the Courts of Justice Act and are mainly designed so that parties to a civil litigation proceeding are forced to disclose all of the details of their case, whether by providing copies of relevant documents, verbal evidence, or the identities of non-parties who would have knowledge of important facts, to the other side well in advance of a trial. If the parties cannot resolve the proceeding prior to trial (and the overwhelming amount of cases that are commenced, perhaps more than 90%, never proceed to trial) then the Rules set out how a trial is to proceed and evidence presented to the trial judge or jury; they also set out, together with other statutes, how legal costs are to be determined and paid.

civil-litigationWhether your lawsuit involves a motor vehicle accident, wrongful termination from employment (commonly called “wrongful dismissal), or areas such as those practiced by David Brooker such as a commercial dispute, you will need a lawyer who has an intimate and detailed knowledge of the Rules. In his 20 years of experience David deals with the Rules on a daily basis, and is able to use his understanding of them to give his clients that extra advantage. Whether it is using a provision of the Rules to force the opposing side to disclose evidence that it is attempting to hide, or using the special section of the Rules that deals with estate disputes to insure that estate assets are not misappropriated before a claim can be made, David’s expertise in civil litigation insures that his clients have representation that protects their interests and works in their favour while their matter is before the courts.