CIVIL  LITIGATION

Civil litigation is legal dispute between one or more individuals or corporations. There is no penalty as in criminal litigation but one party is seeking damages or is seeking to compel or restrain the conduct of the other party. The subjects which are subject to litigious dispute are almost limitless but include contract and commercial disputes, matrimonial litigation, patent infringement, passing off and trademark infringement, wrongful dismissal, personal injury and motor vehicle, shareholder oppression, construction liens, debt collection, foreclosure, defamation, estate litigation, torts. It includes pre-trial skirmishes, the trial proceedings as well as any appeals.

Civil litigation starts when one party believes he or she has been wronged by the other party and that Court proceedings are the best way to correct that wrong. When the proceedings are started, that party will be the plaintiff and the other party will be the defendant. The lawsuit must be commenced before the relevant limitation period expires.

The plaintiff will then have his or her lawyer serve a Statement of Claim. The defendant must then file a Statement of Defence, usually within 20 days. These pleadings will the the foundation of the parties' case at trial.

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