The Short Answer: Civil litigation in Ontario covers legal disputes between individuals, businesses, organizations, or other private parties that are not criminal matters. Common examples include breach of contract claims, business and shareholder disputes, real estate conflicts, construction disputes, unpaid debts, fraud and misrepresentation claims, and estate or trust litigation. The court process and available remedies depend on the nature of the dispute.
Understanding what type of dispute you are dealing with can help clarify the legal issues involved, the remedies that may be available, and the court procedures that may apply.
What Is Civil Litigation in Ontario?
Civil litigation is the legal process used to resolve non-criminal disputes between two or more parties. A civil case may involve individuals, corporations, partnerships, property owners, beneficiaries, trustees, contractors, or other parties whose legal or financial interests are in conflict.
Some civil disputes involve a straightforward claim for money. Others may involve property rights, contractual obligations, business ownership, fiduciary duties, allegations of fraud, or requests for a court order requiring someone to take or stop a particular action.
Powell Litigation’s Toronto civil litigation lawyers represent plaintiffs and defendants in a broad range of civil disputes throughout Ontario.
Breach of Contract and Commercial Disputes
Contract disputes are among the most common forms of civil litigation. A dispute may arise when one party fails to perform its obligations, does not make a required payment, provides goods or services that do not meet the agreed terms, or otherwise breaches a contract.
Commercial litigation can also involve disagreements between business owners, shareholders, partners, customers, suppliers, and other parties involved in business relationships.
Common examples include:
- Breach of contract claims involving unpaid amounts, failed performance, or disagreements about contractual obligations;
- Shareholder and partnership disputes involving ownership, decision-making, profit distributions, fiduciary duties, or the operation of a business;
- Service and supply agreement disputes involving delayed, incomplete, or disputed performance;
- Commercial lease disputes involving rent, defaults, maintenance obligations, termination, or other lease terms; and
- Business ownership disputes involving the rights and obligations of owners or investors.
Real Estate and Property Disputes
Ontario civil courts also handle disputes involving residential and commercial real estate. Because property transactions often involve significant financial interests, disagreements may lead to claims involving damages, deposits, ownership rights, or contractual remedies.
Real estate litigation may involve:
- Failed real estate transactions where a buyer or seller does not complete an agreed purchase or sale;
- Deposit disputes following a failed transaction;
- Misrepresentation claims involving information provided during a property transaction;
- Ownership disputes between individuals who claim an interest in the same property;
- Boundary, easement, and right-of-way disputes between neighbouring property owners; and
- Commercial property disputes involving owners, purchasers, landlords, tenants, or investors.
Depending on the circumstances, a party may seek financial compensation, return of a deposit, specific performance, a declaration of legal rights, or another remedy from the court.
Construction Disputes and Liens
Construction projects can lead to civil disputes between property owners, general contractors, subcontractors, suppliers, developers, and other parties involved in the work.
Common contractor and construction disputes include unpaid invoices, disagreements over the scope or quality of work, delays, deficiencies, change orders, and disputes about contractual responsibilities.
Ontario’s Construction Act also creates specific statutory rights and procedures relating to construction liens and payment disputes.
Construction disputes can therefore involve both contractual claims and statutory remedies, making them a distinct category within Ontario civil litigation.
Debt Recovery and Collection Claims
Businesses and individuals may also use civil litigation to recover money that is legally owed to them.
Debt recovery and collection claims can arise from unpaid invoices, loans, contractual payment obligations, or other outstanding amounts.
If a claim is successful and a judgment is obtained, further legal steps may sometimes be required to enforce that judgment. Depending on the circumstances, enforcement may include remedies such as garnishment or a writ against property.
Fraud, Misrepresentation, and Professional Negligence Claims
Civil litigation can also arise when one party alleges that another caused financial harm through fraud, misrepresentation, negligence, or a breach of professional obligations.
A misrepresentation claim may involve allegations that a person or business relied on false or misleading information when entering into a transaction.
Civil fraud claims can involve allegations of deliberate dishonesty, concealed assets, unauthorized transactions, or other conduct intended to cause financial loss or obtain an improper benefit.
Professional negligence claims may arise when a professional is alleged to have failed to meet the applicable standard of care and that failure caused financial damage.
Estate, Trust, and Power of Attorney Disputes
Estate litigation is another form of civil litigation. These cases often involve disagreements between family members, beneficiaries, estate trustees, attorneys acting under powers of attorney, or other parties with an interest in an estate.
Common estate litigation matters include:
- challenges to the validity of a will;
- claims involving undue influence or testamentary capacity;
- executor and estate trustee disputes;
- disputes over the administration or distribution of estate assets;
- trust disputes;
- applications to pass accounts; and
- claims involving the alleged misuse of a Power of Attorney.
Estate and trust disputes may involve questions about the validity of documents, the proper administration of assets, fiduciary duties, or the legal rights of beneficiaries and other interested parties.
Injunctions and Other Court-Ordered Remedies
Not every civil lawsuit is simply a claim for money. In some cases, a party may ask the court to make an order requiring another party to take a particular action or preventing them from doing something.
An injunction is one example. Depending on the dispute, injunctions may arise in business, property, shareholder, fraud, employment, or other civil matters.
Other court-ordered remedies can include declarations regarding legal rights, orders relating to property, specific performance of contractual obligations, and orders preserving assets or evidence.
How Are Different Civil Disputes Classified?
A civil dispute does not always fit neatly into a single category. The same lawsuit may involve several different legal issues.
For example, a failed commercial real estate transaction could involve breach of contract, misrepresentation, property rights, and financial damages. A shareholder dispute could involve contractual obligations, fiduciary duties, corporate governance, and allegations of fraud.
The legal issues involved, rather than simply the identity of the parties, help determine the nature of the civil claim.
Identifying those issues is important because different claims may involve different legal tests, evidence, remedies, and procedural requirements. It can also affect whether the dispute is primarily characterized as a contract claim, commercial dispute, property matter, fraud claim, estate dispute, or another type of civil litigation.
What Remedies Are Available in a Civil Lawsuit?
The remedy available in a civil case depends on the nature of the claim and what the plaintiff is asking the court to do.
Common civil remedies may include:
- monetary damages to compensate for financial loss;
- repayment of a debt or other money owed;
- specific performance requiring a party to carry out a contractual obligation;
- injunctions requiring or preventing certain conduct;
- declarations regarding the parties’ legal rights;
- orders involving possession or ownership of property; and
- enforcement of a court judgment.
In some cases, a party may seek more than one remedy in the same proceeding.
Frequently Asked Questions About Civil Litigation in Ontario
What is considered a civil dispute in Ontario?
A civil dispute is generally a non-criminal legal disagreement between individuals, businesses, organizations, or other parties. Examples include contract disputes, property claims, business disagreements, unpaid debts, construction disputes, fraud claims, and estate litigation.
What are the most common types of civil litigation in Ontario?
Common types of civil litigation include breach of contract claims, commercial and shareholder disputes, real estate litigation, construction disputes, debt recovery, fraud and misrepresentation claims, and estate or trust litigation.
Are contract disputes considered civil litigation?
Yes. Breach of contract claims are a common type of civil litigation in Ontario. A claim may arise when a party fails to make payment, provide agreed services, deliver goods, or satisfy another contractual obligation.
Can a civil lawsuit involve more than one type of legal claim?
Yes. A single dispute may involve several legal issues. For example, a business or property dispute could include claims for breach of contract, misrepresentation, negligence, fraud, or other civil causes of action.
What remedies can a court award in an Ontario civil case?
Depending on the claim, an Ontario court may award monetary damages, order repayment of a debt, grant an injunction, make a declaration regarding legal rights, order specific performance, or provide another remedy permitted by law.
Speak With a Toronto Civil Litigation Lawyer
Civil litigation covers a broad range of disputes, and the legal issues involved in a claim are not always obvious from the beginning. A business disagreement may also involve fraud. A property dispute may also involve breach of contract. An estate dispute may raise questions about fiduciary duties and financial records.
Powell Litigation represents individuals and businesses in civil and commercial disputes throughout Ontario. Our lawyers assess the legal and practical issues involved, explain the remedies that may be available, and develop a strategy based on the circumstances of the dispute.
Learn more about the types of matters handled by our Toronto civil litigation lawyers.