A civil litigation lawyer represents people and businesses in disputes that are resolved through the courts, or through alternatives such as mediation and arbitration: unpaid debts, broken contracts, property and construction disputes, defamation and other claims for money or a court order. Their work ranges from a demand letter to a trial and an appeal.
When to speak to a civil litigation lawyer
- Someone owes you money or has broken a contract and will not resolve it.
- You have been served with a statement of claim or other court documents.
- A business or property dispute, such as a construction deficiency or a boundary issue, is escalating.
- You need a court order, such as an injunction, to stop or compel something.
- You want to know whether a claim is worth pursuing before you spend money on it.
What a civil litigation lawyer does
- Assesses the strength of a claim or defence, and the likely cost.
- Sends demand letters and negotiates settlements.
- Starts or defends the lawsuit and prepares the evidence.
- Represents you at mediation, arbitration, hearings and trial.
- Helps enforce a judgment, or appeals a result.
How the rules differ across Canada
Civil procedure, court names and monetary limits differ by province. Each province has a small claims court for smaller disputes, where many people represent themselves. Time limits for starting a lawsuit are set by provincial law and can be short, so do not wait to get advice.
Questions to ask before you hire a civil litigation lawyer
- How strong is my case, and how does the likely cost compare with what is at stake?
- Is there a way to resolve this without a trial, such as mediation?
- How will you bill, and what extra costs, such as court fees and experts, should I expect?
- Who will handle my file day to day?
Frequently asked questions
What is the difference between small claims court and a lawsuit in superior court?
Small claims court handles disputes up to a limit set by each province, with simpler procedures and lower costs, and people often represent themselves. Larger or more complex claims go to the province's superior court, where a lawyer is usually needed.
How long do I have to start a lawsuit?
Each province sets time limits, called limitation periods, for different kinds of claims, and missing one can end your right to sue. Because the rules vary, get advice as soon as a dispute starts.
Is it worth suing?
It depends on the strength of the evidence, the amount involved, the other side's ability to pay and the cost of getting to a result. A lawyer can give you a realistic assessment before you commit.
How do I find a civil litigation lawyer near me?
Choose your province or city on this page to see the litigation firms LawDB lists there, with their public Google ratings, addresses and phone numbers.