Have you been denied worker’s compensation or wrongfully dismissed by your employer? Maggio Walk-In Law Firm practices civil litigation in Windsor, Ontario to help you fight for your rights without intimidation. Whether you are the plaintiff or defendant in a civil litigation lawsuit, we are experienced with many types of civil litigation, including:
Why Do You Need a Civil Litigation Lawyer?
The process of civil litigation is usually lengthy and involves complex procedures such as investigation, pleadings, and discovery through pre-trial, during the trial and settlement processes. Our civil litigation lawyer in Windsor can help guide you through the process.
The civil litigation process in Ontario begins with one party (the “plaintiff”) filing a claim against another party (referred to as the “defendant”). The amount of the claim determines whether or not the case will appear in small claims court (less than $25,000) or the Ontario Superior Court of Justice ($25,000 and over). The Statement of Claim must be issued before the limitation period ends and must specify the legal reasoning behind why the plaintiff feels he or she is entitled to compensation from the defendant.
Once the Statement of Claim has been issued and filed with the court, the plaintiff arranges to serve it on the defendant. Once served, the defendant must file a Statement of Defence in which he or she specifies why they should not be forced to compensate the plaintiff. A litigation counselor usually helps identify the Statement of Defence and/or help prepare a Defence to the Counterclaim. Both parties must then agree to a written discovery plan that their lawyer creates by working with the other party’s lawyer. A civil litigation lawyer is also trained to prepare any necessary Affidavit of Documents (documents relevant to the case).
Once the Affidavit of Documents have been filed, each party’s lawyer then asks the other party questions during an Examination for Discovery during which each party is required to take an oath swearing to tell the truth. Depending upon the gathered evidence, each party is entitled to file a motion or seek mandatory mediation. Once all of those steps are completed, the case can then be brought to trial.
At Maggio Walk-In Law Firm, we will always keep you informed about upcoming deadlines throughout the civil litigation process. Whether you are the one filing the civil litigation lawsuit or the one requiring us to defend your actions, we have extensive experience to provide you with practical counsel to help you achieve the best possible outcome. If you would like to learn more about how the process works, please feel free to call or stop by today. No appointment is required to discuss your civil litigation case in our Windsor office.