Civil Litigation
Civil litigation
Civil litigation is how private disputes over money, property, contracts, and businesses get resolved — by negotiation, mediation, or, when necessary, through the courts. The first questions are always practical: what does a good outcome look like, what will each route cost, and how quickly can this be behind you.
Who This Is For
Businesses owed money or held to a bad bargain
Unpaid invoices, a supplier who did not deliver, a contract the other side now reads differently. You want the commercial outcome, not a crusade.
Owners in conflict with their own partners
Shareholders and partners who no longer agree on direction, money, or who stays. The business still has to operate while it is sorted out.
Property owners and neighbours at an impasse
Boundaries, encroachments, shared driveways, and co-ownership disagreements where a letter has already failed.
Anyone who has just been sued or served with a claim
A statement of claim, a demand letter, or a lien registered against your property. Defence deadlines are short and running.
Common Situations
Does one of these sound familiar?
- A client or customer has stopped paying and stopped responding.
- A contract was terminated and you are being blamed for the loss.
- A business partner has cut you out of decisions, information, or profit.
- A contractor registered a lien on your property.
- A neighbour's fence, addition, or drainage crosses onto your land.
- You have been served and need to know whether to defend, settle, or counterclaim.
Services
Where clients most often need help.
Grouped by the kind of matter, so you can find yours quickly. Each links to a fuller explanation of how that work is handled.
Contract & business disputes
Disputes that begin with an agreement, a partnership, or money owed between businesses.
Contract disputes
Breach of contract, unpaid invoices, failed agreements, and enforcing terms that the other side has ignored.
Read moreBusiness & shareholder disputes
Shareholder and partnership disagreements, oppression claims, exits, and disputes between business partners who have to keep operating.
Read more
Property & construction disputes
Disputes over land, boundaries, and work performed on a project.
Not sure which applies to your situation? Book a consultation or call the office at 905-801-8777.
A written merits assessment before the first filing
You get a candid read on strengths, weaknesses, and the evidence you would need — including when the honest answer is that the claim is not worth what it costs to run.
Cost and forum planned together
Small Claims, Simplified Procedure, or the ordinary Superior Court track each carry a very different cost and timeline. That decision is made deliberately, at the start, with a range you can budget against.
Settlement pursued on purpose, not by exhaustion
Formal offers to settle are drafted early because they shift the costs consequences. Mediation is prepared for as seriously as a hearing.
One lawyer on the file
The person who assessed your matter is the person who writes the pleadings, attends the mediation, and argues the motion.
The Process
What generally happens and in what order.
- 01
Assessment
Documents reviewed, limitation period confirmed, merits and realistic recovery outlined early on.
- 02
Demand or defence
A demand letter that a judge could comfortably read, or a defence filed within the deadline. A meaningful share of disputes end at this stage.
- 03
Pleadings and discovery
Claim, defence, documentary production, and examinations. This is the longest and most expensive phase, which is why scope is controlled deliberately.
- 04
Mediation and offers
Mandatory mediation in Toronto for most Superior Court actions, supported by formal offers timed for maximum costs pressure.
- 05
Resolution or hearing
Settlement documented and enforced, or the matter is taken to motion or trial. You are told which way the analysis points before you spend on it.
Every matter differs. This is the general trajectory of a transaction, not a promise about timing or outcome.
Important Considerations
Choosing the right forum
Small Claims Court handles claims up to $50,000 and is relatively faster and far cheaper. The Superior Court handles larger claims, with a Simplified Procedure track for claims up to $200,000 that limits discovery and trial length. Choosing the forum well is one of the highest-value decisions in a dispute.
What litigation costs
Ontario shifts costs: the losing party typically pays a portion of the winner's legal fees, often forty to sixty percent on a partial indemnity basis. That cuts both ways, and it is part of why a formal offer to settle — which changes the costs consequences — is often the most powerful document in the file.
Mediation and negotiation
Mediation is mandatory in Toronto for most Superior Court actions, and it resolves a substantial share of them. Preparing for it as seriously as for a hearing is usually what makes the difference.
What To Do Next
Three practical steps, starting today.
Prefer to read more first? About Ilona sets out how she works, and the contact page has the office details and hours.
Note the dates
Write down when the dispute arose and the date on which you have been served with anything. Court and lien timelines run from specific dates and some are short.
Keep the paper together
The agreement, invoices, the email chain, and any demand letter. Most civil matters are decided on the documents rather than on recollection.
Get a strategic read early
Book a consultation to discuss the position, the realistic options, and whether resolution or proceedings make more commercial sense.
How long does a civil claim take in Ontario?
Small Claims matters often resolve within a year or two. Superior Court actions commonly take more than three years to trial, though the large majority settle at or before mediation.
Will I have to go to court?
Most likely not for a trial. Mediation is mandatory for most Toronto actions and resolves a substantial share of disputes, but a file is prepared as though it will be heard — that is what makes settlement realistic.
How are litigation fees charged?
Hourly, with a written estimate by stage and an agreed budget before each step. Where a matter suits a fixed fee, that will be offered instead.
What is the limitation period?
Ontario's basic limitation period is two years from when the claim was discovered, with a fifteen-year ultimate limit. Some claims and some contracts vary this, so an early review is worthwhile.
Consultation
Get a candid read on your dispute.
Send the key documents and you will receive an honest assessment of merits, realistic cost ranges, and a recommended route — including when not to litigate.
- 905-801-8777
- 289-803-2803
- 400 Applewood CrescentSuite 100Vaughan, Ontario, L4K 0C3
- Monday – Friday | 9:00 a.m. – 5:00 p.m. In-person meetings: by appointment