Thinking
of Initiating a Lawsuit?
Lawsuits in Ontario often involve personal
injury. For example, you slip and fall at a city-owned parking lot, or are in a
motor vehicle accident. While a plaintiff can self-represent a case at court
without a lawyer, the general consensus is it is better to work with a lawyer.
The internet is rich with guides on how to file a claim on your own. Even the
Attorney General of Ontario’s website provides the necessary steps and forms to be filed. Nevertheless, the process
of taking action to receive compensation is not without complication. And there
are shortcomings should you decide to pursue a lawsuit on your own.
Let’s
Take a Look at Some of the Basic Terminology
Plaintiff: Also known as the Applicant,
this is the person bringing the case against another in a civil proceeding.
"Civil” means non-criminal. Note that in Ontario, if you wish to initiate a
lawsuit on behalf of someone who is a child, or is disabled, your
representation must be made by a lawyer.
A Civil Case: This is another term for
lawsuit. In Ontario, civil cases are seen before either Small Claims Court or
in the Superior Court of Justice. Small Claims Court sees cases in which the
claim is $25,000 or less.
Making/Serving a Claim: As a plaintiff, you
commence the proceeding by filing a Statement of Claim, which outlines your
grievance. You must know the specific full and legal name of the person or
entity you are suing. The court issues the Claim and the defendant, upon being
served by the plaintiff, has a specified time to file a Statement of Defence.
Within 180 days, should the plaintiff wish to continue to proceed, more
documents will need to be filed, such as an Examination for Discovery and
Affidavits.
There are fees involved at most steps
involved in initiating a lawsuit, which must be paid immediately at the court
counter. For example, as of November 6, 2016, the price to file a Statement of
Claim is $220. Fee waivers are possible for those with l
ow gross annual
income, and require the court to access your personal financial information.
Expert
Guidance
Many make the decision to pursue a civil
matter on his/her own due to financial considerations. A plaintiff might worry
that a lawyer will be too expensive. But in the matter of personal injury, most
experienced personal injury lawyers provide free consultations. Then, if you
are ready to move forward with the lawyer representing you as the plaintiff,
the lawyer will work on a contingency basis. That means the lawyer is paid when
you receive financial settlement. By
working with a lawyer, you may find negotiation and mediation as an alternative
to the frequently slower and more expensive court system.
There is accuracy in the saying that time
equals money. Consider the time involved in issuing complicated documents,
attending court to file the documents, and attending proceedings. Consider the
fact that there are a multitude of precise rules and deadlines that must be
comprehended and observed.
If considering being a plaintiff in a civil
action, give serious consideration to working with a lawyer.