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The Litigation Process in Ontario

Ontario Litigation Process
To recover damages from the party who caused your injury, a law suit will be commenced. This is known as the tort action. Also known as civil litigation, lawsuits happen on a regular basis, however that is not to say that pursuing a lawsuit is a simple task, far from it. The lawyers at Himelfarb Proszanski can make the process much simpler. Here is a brief overview of the process.

Time Limits

In most circumstances, you have a two year period since the injury occurred to bring a law suit against the party who caused your injury. In certain situations, the law requires you to notify a party of the accident within a very short period of time. For example, if you slip and fall on a city sidewalk, you have 10 days to notify the city about the details of your fall. Failure to put the at-fault party on notice may negatively affect your ability to recover damages for your injuries.


Prior to beginning your law suit, we will investigate the particulars of your accident. We will have to determine the names and addresses of the individuals who are responsible for your injury, the extent of the injury you have suffered, what kinds of benefits you may be entitled to, and examine your pre-accident health and employment records.

Commencing the Law Suit - the “Pleadings”

We will work with you to draft a Statement of Claim which sets out what happened, how you were injured, and the kinds of damages we will be seeking. The document notifies and informs the opposing party about the law suit that has been commenced. As the case moves forward, the Statement of Claim may be amended to account for changes in the parties’ positions. The Statement of Claim will describe monetary amounts for your pain and suffering, past and future loss of income, cost of attendant care, and other expenses that you have endured as a result of your injury. The opposing party will reply to the Statement of Claim by providing their Statement of Defence.

Documentary Discovery

The Canadian legal system is designed to ensure fairness and that there are no surprises when it comes to trial. For that reason, almost every relevant document in a party’s possession is provided to the opposing party after pleadings are exchanged.

Oral Discovery

The next step in the process is to provide an opportunity for the lawyers to ask opposing parties about the relevant issues. You will be asked very detailed questions about your injury and those answers will be recorded for use at trial. While this may seem intimidating at first, we will work with you to ensure that you are well prepared. We will also be present with you during the process to ensure that you do not provide answers to inappropriate questions.

Expert Witnesses

From the point that you commence your law suit, you will have likely seen a doctor for your injury. That initial visit will be followed up by assessments that we ask you to attend, as well as assessments the opposing party asks you to attend. This process is designed to ensure that the damages you claim are fair and accurate. Depending on what happened, we will retain other experts such as engineers, accountants, and accident reconstruction specialists to provide their opinions and evidence to support your case.


Prior to going to trial, you will have to attend a mediation. A mediation is designed to promote a frank discussion of the issues surrounding your injury in an attempt to arrive at a settlement, instead of having to go to trial.


If we are unable to resolve your case satisfactorily at the mediation, we will proceed to a pre-trial with a judge of the Ontario Superior Court of Justice. At the pre-trial, the judge will give an opinion on what the likely outcome of the trial will be.


At trial, you will have an opportunity to tell a judge and/or jury about your injury and how it has impacted your life. The jury will be asked to decide on a monetary amount that will compensate you for your injury.


The decision at trial can be appealed to a higher court if it is unsatisfactory. An appeal is made if the judge presiding at the trial has made an error in applying the law.

For assistance with a personal injury or insurance claim, please email David at To be contacted immediately call 1-855-446-7765 for a free case evaluation.

What Our Clients Say

I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

Lian Liu, Toronto, ON.