When to sue, when to negotiate, when to walk
Civil litigation is expensive, slow, and emotionally exhausting. A good litigator asks early: what is the recoverable amount, what is the realistic collection prospect, what is the cost of getting there, and is there a cheaper path. Demand letters resolve a meaningful share of disputes. Mediation and arbitration resolve another large share. Court should be the choice when the value justifies it and the defendant has assets.
How a civil action unfolds in Ontario
Statement of claim, statement of defence, examinations for discovery, undertakings, pre-trial mediation, settlement conferences, trial. Most files resolve at discovery or mediation. Trials are rare and expensive. A litigator who pushes every file to trial is rarely serving the client. A litigator who only settles is leaving money on the table.
Small Claims, when it makes sense
Ontario Small Claims Court hears claims up to $50,000. The process is faster, paperwork is lighter, and parties often appear without lawyers. Self-represented litigants can succeed with good preparation. For higher-stakes disputes, the Superior Court is the right venue despite the cost. A lawyer-drafted Form 7A or motion materials often pay for themselves in better outcomes.
Anti-SLAPP and the new defamation landscape
Ontario's 137.1 anti-SLAPP regime allows defendants in defamation actions to bring early motions to dismiss claims that arise from expression on a matter of public interest. The bar for the defendant is low. The bar for plaintiffs to survive is high. Anti-SLAPP motions are heard within months and routinely reshape defamation strategy. Threatening to sue a journalist is no longer a clean tactical play.
Costs and how litigators charge
Most civil litigation runs hourly with retainers refilled as the file progresses. Partial indemnity costs in Ontario routinely produce cost awards of 50 to 65 percent of actual fees to the successful party. Substantial indemnity costs apply where conduct warrants it. Some plaintiff-side files in personal injury, employment, and class action run on contingency.