Litigation Lawyer Burlington

Understanding Civil Litigation Law

Civil litigation refers to the process by which parties with legal disputes resolve those disputes in an organized manner, usually with the assistance of the courts. Civil litigation typically arises when one party has a legal claim against another, such as when another party breached a contract or wrongfully terminated them from a job. In civil litigation, an aggrieved party can seek relief that may take the form of compensation from another party who harmed them or a court order requiring another party to take or refrain from some action.

The Role of Civil Litigation Lawyers

Civil litigation lawyers advise and advocate for parties engaged in a legal dispute. Their role begins with advising parties of their rights and options when faced with a legal dispute, including helping clients understand any legal claims they may have and the strengths and weaknesses of their case. Litigation lawyers can also investigate a client’s claims to recover evidence needed to bolster their case and give them the best chance of a successful outcome. 

Litigation lawyers also advocate for their clients’ rights and interests during civil litigation. Lawyers can represent their clients at the negotiating table to pursue a fair and favourable settlement of their legal matter. Should a legal dispute escalate beyond settlement negotiations, a litigation lawyer can argue on behalf of their client during mediation, arbitration, or in court when formal litigation becomes necessary to resolve the dispute. 

Examples of Civil Litigation Cases Our Lawyers Can Handle

The Burlington litigation lawyers at GLG LLP can guide you through the legal process in all types of litigation matters, including:

• Negotiations: Parties frequently resolve their legal disputes through simple informal negotiation. Negotiation frequently serves as the first step in resolving a legal dispute before parties resort to more formal litigation. A skilled litigation lawyer can help you resolve a legal matter efficiently by obtaining a fair and favourable outcome that protects your rights and interests. At GLG LLP, we understand the importance of a swift resolution to a pressing legal dispute. Our lawyers work quickly to negotiate a settlement of your case.
• Mediation: Mediation uses a neutral third party called a mediator to facilitate a formal, structured settlement negotiation between parties engaged in a legal dispute. Mediators do not decide anything in a legal dispute. Instead, they help the parties see the respective strengths and weaknesses of their cases and suggest solutions to guide them toward a mutually acceptable resolution. Mediation frequently occurs before or during formal litigation to help the parties resolve their dispute without needing a trial.
• Arbitration: Parties frequently resort to arbitration as an alternative to formal litigation. In arbitration, parties agree to present their case to a neutral third party called an arbitrator, who presides over a trial-like proceeding where the parties can present their evidence, witnesses, and arguments. The arbitrator considers the evidence and arguments to issue a binding decision resolving the parties’ dispute. Parties in business relationships regularly include arbitration clauses in their contracts to agree to arbitrate any disputes arising from those contracts.
• Court litigation: Court litigation represents the last stage of resolving a legal dispute, where parties present their dispute to a court for resolution. Court litigation can involve complex rules and procedures, making hiring an experienced lawyer critical to success.

The Litigation Process: How It Works

Litigation in Ontario involves a series of steps that may ultimately culminate in a trial and post-trial litigation. The first stage of the litigation process involves investigating the potential claim to uncover evidence supporting a party’s position in a legal dispute. During the initial investigation, parties may engage in informal negotiations to resolve their dispute without resorting to court litigation.

However, when negotiations or alternative dispute resolution methods fail to resolve the dispute, parties may resort to the courts by filing written pleadings to initiate a litigation proceeding. The party initiating the litigation – called the plaintiff – files a statement of claim and serves a copy of their pleading on the opposing party, called the defendant. The defendant may respond by filing a statement of defence; defendants can also assert counterclaims against a plaintiff, cross-claims against a co-defendant, or a third-party claim against a party not already named in the litigation.

After the parties file their pleadings, they may file motions to resolve preliminary issues, such as extending time for pleadings, resolving discovery disputes, requesting interlocutory injunctions pending trial, or dismissing claims for delay.

In litigation actions, parties also engage in discovery, which has two components: document exchange and oral discovery. In document exchange, parties must search for and disclose all documents in their possession or control relevant to the material facts of the dispute. During oral discovery, parties can ask questions to witnesses who have information relevant to any matter raised by the pleadings.

Parties may also attend court-ordered mediations and pretrial conferences to reduce the issues for trial and attempt to settle. When issues remain for trial, the court will conduct a civil trial beginning with opening statements from the parties, followed by the plaintiff’s presentation of evidence and witness testimony, then the defendant’s presentation of evidence (if they wish to present evidence), and finally the parties’ summarizing arguments. After the parties present their cases, the judge will consider the evidence and decide based on the balance of probabilities.

Our Areas of Practice Include

At GLG LLP, our team of extremely knowledgeable litigation lawyers can help you protect your rights and interest in cases involving:

• Employment litigation: Our litigation partner, Ryan Kerr, and our Burlington litigation lawyers have extensive experience handling employment litigation matters in alternative dispute resolution proceedings and court proceedings. We represent employers and employees in employment disputes involving wrongful/constructive dismissal and violations of the Ontario Human Rights Code (including age/sex/gender identity/religious/sexual orientation/race/disability discrimination or harassment.
• Real estate litigation: Due to the unique nature of property and the typically large sums of money involved in real estate transactions, disputes frequently lead to litigation. We have a long track record of successfully representing buyers, sellers, lessors, and lessees in commercial and residential real estate litigation matters. Because our firm has teams of transaction and litigation lawyers, we can represent you throughout a real estate transaction, even when disputes arise and spiral into litigation.
• Contract litigation: Because our firm has considerable experience negotiating, reviewing, and drafting contractual agreements, we can vigorously advocate for clients’ rights and interests in legal disputes with contractual counterparties. We can advocate for you in settlement negotiations, mediation/arbitration, or court.
• Debt collection litigation: Our firm represents creditors seeking to collect outstanding financial obligations. Our lawyers bring years of experience, having worked in some of Ontario’s largest law firms and representing complex clients. Our debt collection lawyers can quickly assess debtors’ ability to pay, locate assets, and enforce contracts and loan agreements.