Superior Court of Justice · Contract, Property & Business Disputes
When a deal falls apart, an invoice goes unpaid, or a partner stops acting in good faith, you need a clear-eyed assessment of what the dispute is worth — and a strategy that gets you there without spending more than the claim.
Civil litigation is the process of resolving a private dispute through the courts. 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.
Our approach is deliberately practical. Litigation is a tool, not an outcome — so before anything is filed we tell you candidly 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.
Breach of Contract
Written, verbal and implied agreements gone wrong — non-performance, defective work, unpaid fees and wrongful termination of a contract. We assess the strength of the claim, quantify the damages and pursue the remedy that actually makes commercial sense.
Debt Recovery & Collections
Unpaid invoices, promissory notes, personal loans and guarantees. We move from demand letter to judgment efficiently, then enforce — garnishment, a writ of seizure and sale, or an examination of the debtor to find out what can be collected.
Real Estate & Failed Closings
Agreement of Purchase and Sale disputes: buyers who cannot close, sellers who refuse to close, deposit and abatement disputes, misrepresentation about the property, and claims for the loss on a subsequent resale.
Shareholder & Partnership Disputes
Deadlock, exclusion from management, disputed valuations, breach of a shareholder or partnership agreement, and oppression claims under the Ontario Business Corporations Act. Often resolved by a negotiated buy-out rather than a trial.
Construction Lien Matters
Ontario's Construction Act imposes strict deadlines for preserving and perfecting a lien. We act for owners, contractors, subcontractors and suppliers on liens, holdback disputes, and the claims that follow them.
Commercial Landlord & Tenant Disputes
Arrears of rent, distraint, re-entry and termination, damage to premises, and disputes over renewal or assignment. Commercial tenancies fall outside the Landlord and Tenant Board — they belong in the courts, and the strategy is different.
Mortgage & Lender Litigation
Litigation arising from private and institutional lending — claims on the covenant, priority and discharge disputes, contested power of sale accountings, and fraud claims. A natural extension of our mortgage enforcement practice.
Demand Letters, Negotiation & Settlement
Most disputes should never see a courtroom. A well-drafted lawyer's demand letter resolves a surprising number of matters within weeks — and where it does not, it sets up the negotiation, mediation or offer to settle that follows.
Time limits matter
Every matter is different, and many resolve well before the later stages. This is the general path a Superior Court action follows — timelines vary by court location, complexity and the conduct of the parties.
Assessment & demand letter
We review your documents, assess the merits and the realistic recovery, and in most cases issue a demand letter setting out the claim and a deadline to respond. Many disputes end here.
Pleadings
If the demand does not resolve matters, the claim is issued in the Superior Court of Justice and served. The defendant delivers a Statement of Defence — and, where applicable, a counterclaim or a claim against a third party.
Discovery
Each side delivers an affidavit of documents and produces the relevant records, then witnesses are examined under oath. Discovery is where most cases are won, lost, or realistically valued for settlement.
Mediation
A neutral mediator helps the parties negotiate. Mediation is mandatory for most civil actions in Toronto, Ottawa and Essex County (Windsor), and is commonly used by agreement elsewhere in the province.
Pre-trial conference
A judge meets with counsel to narrow the issues, canvass settlement and set the ground rules for trial. It is often the last structured opportunity to resolve the case before trial costs escalate.
Trial
Evidence is called and argued before a judge (or, in some cases, a jury). Only a small fraction of civil actions reach this stage — but preparing every file as though it will is what gives settlement talks their weight.
Where the amount claimed falls within the limit for the Simplified Procedure — currently claims up to $200,000, excluding interest and costs — the action proceeds under Rule 76, with tighter limits on discovery and a shorter, more affordable trial process. Smaller claims belong in the Small Claims Court, where we also act.
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 $35,000 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.
It depends entirely on the complexity of the dispute and how far it goes. We give you a realistic estimate for each stage before it begins, and we tell you candidly when the likely recovery does not justify the cost of pursuing it.
Facing a dispute, or already served with a claim? Let's talk about your options.