Chart Your Path Forward

Generally, an action in Ontario is comprised of six stages, namely, exchange of pleadings, discovery, mediation, pre-trial, trial, and costs. That said, motions are also integral part of the civil litigation process. A motion is a request to the court to make an order with respect to a preliminary issue in the context of an action, and can be brought by any party at any time. Examples of common motions in Ontario include a request for an extension of time to serve documents on a party, requiring a party to produce documents, or the dismissal of an action.                                                     

Stage 1 - Exchange of Pleadings

The parties to the action set out their position regarding the subject matter of the dispute in their respective pleadings. The plaintiff commences the action by filing a Statement of Claim. In response, the defendant may file a Statement of Defence, including a Counterclaim against the plaintiff, or a Crossclaim against other individuals who are not listed as defendants in the plaintiff's Statement of Claim. There are a number of prescribed rules governing the first stage of the litigation process in the Rules of Civil Procedure (ex. Rule 25 to Rule 29).                                                                

State 2 - Discovery 

There are two stages to discovery in an action, namely, document exchange and (oral) examinations for discovery. During the document exchange stage of discovery, each party is obligated to search for and disclose all documents that may be relevant to the subject matter of the action. During the examinations for discovery stage, each party will be given an opportunity to orally examine any opposing party in the action. Again, there are prescribed rules governing how parties to an action are to complete the exchange of documents and how to conduct discoveries in the Rules of Civil Procedure (ex. Rule 29.1 to Rule 33).                                                    

Stage 3 - Mandatory Mediation

In certain jurisdictions throughout Ontario, parties in an action must attend a mandatory mediation session prior to proceeding to trial. This provides all the parties to the action with an opportunity to resolve their matters outside of a formal courtroom setting by encouraging reasonable settlements (ex. Rule 24.1)                                                               

Stage 4 - Pre-Trial

During the pre-trial stage, all the parties to the action prepare for trial. A pre-trial conference will be held. The purpose of pre-trial conferences is to limit or reduce the number of issues before the court and to encourage reasonable settlement. Importantly, the judge who presides over the pre-trial conference is prohibited from presiding over trial and all discussions are confidential (ex. Rule 50).                                                                     

Stage 5 - Trial 

In the event that the parties to the action cannot reach settlement, the matter will go to trial where a judge or jury will make a decision which is determinative of the matters in dispute, absent a party's right to the litigation to appeal.              

Stage 6 - Costs 

In Ontario, the general rule with respect to the costs of motions, actions, and applications is that the loser pays what is referred to as a "costs award." The amount a claimant can recover by way of a costs award is limited depending on the jurisdiction of the court, however, generally cost awards are used to compensate parties for their expenses in connection with a given proceeding.