Civil disputes · 8 min read · Published September 2026
Starting a civil lawsuit in Ontario: a practical map
How to think about forum, pleadings, evidence, limitation periods, settlement, costs, and the risk of litigation before filing.
Short answer
A civil lawsuit is a structured process for a claim and defence, not simply a demand sent to court. Before filing, identify the legal basis, limitation period, correct parties, evidence, remedy, forum, budget, and realistic settlement options.
What should be decided before filing?
A good claim explains who did what, why it was legally wrong, what loss or remedy is sought, and what evidence supports it. The right court or tribunal depends on the amount, subject, parties, and remedy.
- Define the claim and desired remedy
- Check limitation periods and notice requirements
- Identify all necessary parties and addresses
- Estimate legal fees, disbursements, time, and enforcement risk
What happens after a claim starts?
The other side may respond, bring a defence or counterclaim, exchange documents, attend conferences, and proceed to a motion or trial. Settlement can happen at any stage, but record the terms precisely.
- Track every filing and service deadline
- Preserve relevant documents and communications
- Follow discovery and disclosure obligations
- Do not destroy or edit potentially relevant evidence
Common questions
Can I sue without sending a demand letter?
Sometimes, but a demand may clarify the dispute, support settlement, or be required by contract or law. Do not delay past a limitation period while negotiating.
Can the losing side pay all legal fees?
Costs are discretionary and depend on the court, conduct, result, offers, and other factors. Do not assume litigation will recover every dollar spent.
Official sources to check
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