Superior Court of Justice · Small Claims Court · Dispute Resolution
Tokas Lex Law Office acts for individuals and businesses in civil disputes in Ontario, as plaintiffs and as defendants, in the Superior Court of Justice and the Small Claims Court.
Most disputes begin as a transaction that went sideways, and most civil claims in Ontario settle before trial. In Ontario, most civil claims are brought in the Superior Court of Justice and governed by the Rules of Civil Procedure, which set out how a claim is started, defended, disclosed and ultimately tried.
We assess the merits of a claim or a defence, negotiate with the other side, attend mediation, and conduct the matter through the courts where a resolution is not reached. Before anything is filed we tell you what the claim is likely worth, what it will cost to pursue, and whether a demand letter or a negotiated resolution would serve you better than a courtroom.
Quick answers to what clients ask us most. Have a different question? We're glad to help.
Under the Limitations Act, 2002, the basic limitation period is two years from the day you discovered the claim, subject to an ultimate limitation period and to exceptions for certain kinds of claims. Some matters — construction liens in particular — run on much shorter deadlines, so get advice as early as you can.
It depends on the amount. Claims up to $50,000 belong in the Small Claims Court; larger claims are brought in the Superior Court of Justice. Where the amount falls within the Simplified Procedure limit — currently $200,000, excluding interest and costs — the action proceeds under a streamlined set of rules. We act in both courts and will recommend the route that fits your matter.
Almost certainly not. The large majority of civil actions in Ontario settle — often after a demand letter, at mediation, or at the pre-trial conference. We prepare every file as though it will be tried, because that is what makes settlement negotiations effective.
For most civil actions in Toronto, Ottawa and Essex County (Windsor), mandatory mediation applies under the Rules of Civil Procedure. Elsewhere in Ontario mediation is not compulsory, but parties frequently agree to it because it is faster and far less expensive than a trial.
Ontario courts usually order the unsuccessful party to pay a portion of the successful party's costs, but that is rarely full indemnity — expect a meaningful contribution rather than complete reimbursement. Costs are discretionary and are strongly influenced by offers to settle made along the way.
Contact us to discuss your dispute.