Stages of a civil lawsuit in Canada, step by step

A civil lawsuit in Canada follows a set order of steps. The names of the documents and the deadlines change from province to province. The order stays close to the same in the common law provinces and territories.

This page describes that general order. It is information, not legal advice. Quebec uses a different civil procedure with its own terms, so this outline fits it less well. Rules for your case depend on your province, your court, and the kind of claim.

Stage 1: Before any court filing

Most disputes start with a demand letter. The letter states what the sender says happened, what the sender wants, and a date to respond. It is not required, but it often leads to a settlement or shows the other side’s position.

Check the limitation period at this point. A limitation period is the deadline to start a lawsuit. If it passes, the other side can ask the court to dismiss the claim. In British Columbia, Ontario, and Alberta, the basic period is two years from when the claim was discovered, but exceptions and different periods exist for some claims. A lawyer can tell you which period applies.

Stage 2: Starting the claim

The person suing is the plaintiff. The plaintiff files a document with the court that names the defendant and sets out the facts and the remedy sought. In Ontario and Alberta, this is a statement of claim. In British Columbia, it is a notice of civil claim.

The plaintiff then serves the document on the defendant. Service means delivering it in a way the court rules allow. Rules for service differ by province.

Stage 3: The defence

The defendant has a fixed time to respond. The time depends on the province and on where the defendant was served. In Ontario and Alberta, the response is a statement of defence. In British Columbia, it is a response to civil claim.

The defendant can also file a counterclaim against the plaintiff. A defendant can sometimes bring in a third party who may owe part of the debt or damages. If the defendant files nothing on time, the plaintiff can ask the court for a default judgment.

The claim, the defence, and any reply are called the pleadings. They define what the lawsuit is about.

Stage 4: Document disclosure

Each side must list and share the documents that relate to the issues in the case. This includes documents that hurt that side’s position. Emails, text messages, and other electronic records count.

Ontario calls the sworn list an affidavit of documents. British Columbia uses a list of documents. Hiding or destroying relevant records can bring serious penalties from the court.

Stage 5: Examination for discovery

In an examination for discovery, a party answers questions under oath from the other side’s lawyer. It takes place outside the courtroom, often in a lawyer’s office or by video. A court reporter records it. Alberta calls this step questioning.

The answers can be used at trial. If a witness says something different later, the lawyer can point to the transcript. A party may also promise to look up information and send it later. These promises are called undertakings.

Stage 6: Settlement talks and mediation

Most civil claims settle before trial. Settlement can happen at any stage, including during the trial.

Some courts require mediation in certain kinds of cases. In mediation, a neutral person helps the parties talk through a deal. The mediator does not decide the case.

A formal written offer to settle can affect who pays legal costs after trial. Courts in several provinces consider these offers when they decide costs.

Stage 7: Steps before trial

Several things can happen in the months before trial.

• Parties exchange expert reports if the case needs them, such as a medical or engineering opinion.
• A party may bring a motion (called an application in some courts) asking the judge to decide a point. Examples are a request to force disclosure or a request to end part of the case without a full trial.
• The parties often attend a pre-trial conference with a judge or case management judge. The judge may comment on the case and discuss settlement.
• The parties prepare the documents for trial and set the trial date.

Stage 8: Trial

Most civil trials are heard by a judge alone. Some provinces allow a jury for certain types of claims.

The plaintiff goes first. Each side gives an opening statement, calls witnesses, and cross-examines the other side’s witnesses. Each side then makes closing arguments. The judge may rule at the end of the trial or reserve the decision and issue written reasons later. A reserved decision can take weeks or months.

Stage 9: Judgment, costs, and collection

The judgment states who won and what remedy applies. It often includes a costs award. In most Canadian courts, the losing side pays part of the winner’s legal costs. That amount is usually less than what the winner actually spent.

A judgment does not pay itself. If the losing side does not pay, the winner can use enforcement tools. These include garnishing wages or bank accounts and registering a claim against property. The tools and steps vary by province.

Stage 10: Appeal

A party who disagrees with the result may appeal to a higher court. Appeal deadlines are short, often measured in weeks. Some appeals need permission from the court first. An appeal usually reviews the trial judge’s legal reasoning and does not hold a new trial.

How long a lawsuit takes

No single timeline applies. A simple claim can finish in months. A complex claim with many witnesses and experts can take years. Court backlogs, the number of parties, and the amount of documents all add time.

Questions to ask a litigation lawyer

At a first meeting, ask which court has authority over the claim and what the limitation deadline is. Ask what the lawyer expects the main steps to cost and how fees are billed. Ask what happens to legal costs if the case is lost. Bring every document tied to the dispute, including contracts, emails, and photos.