The Process Used For Suing Someone In Ontario

If a resident of Ontario becomes the victim of an accident, that same resident has the right to file a personal injury claim. Completion of that step initiates a dispute between the victim and the responsible party. If negotiations do not seem to promise a favorable outcome for the victim/claimant, then that claimant might care to pursue another option.

What is the nature of that option? It entails suing the other party, the person who caused the accident.

What charge is made by someone that decides to sue the other party?

The target of that lawsuit gets charged with carrying out conduct that did not rise to the level of a reasonable standard of care.

Steps to process that might be chosen by one of Ontario’s residents

• Investigation of the claim made: The investigation relies on an examination of the evidence.
• Preparation of a statement of claim by the person that is suing the other party
• Submission by the defendant of a statement of defense
• Discovery session: That involves an exchange of documents and other evidentiary material. There could also be some questioning of witnesses.
• Pre-trial conference: Personal Injury Lawyer in Oakville for both parties meet with the judge.
• The trial: The plaintiff has the burden of proof. The court makes the decision, regarding whether or not the plaintiff has presented a case that supports the plaintiff’s claim. If the plaintiff wins the lawsuit, the defendant’s insurance company must compensate the same claimant/plaintiff.

A possible appeal: If there was a legal issue concerning the trial, then the losing side can appeal the court’s decision.

The step that could be added at any point in the above process:

That step involves a suspension of the process, in order to allow for a resolution of the dispute. That resolution represents an agreement made between the 2 sides. Understand that the legal system welcomes the achievement of such an agreement.

Indeed, the litigation process serves as a way to provide each side with a chance to present its case before a judge. It is hoped that such a presentation will expose the strengths and the weaknesses of each side’s argument. If neither side tries to gain some insight into the other side’s argument, then a judge must weigh the evidence and the presentations, in order to reach a decision.

Still, the legal process does not rule out the chances for the 2 sides to come to an agreement at some point during the trial. The occurrence of such a development is perfectly acceptable. In fact, an event that leads to such an agreement can become a welcome addition to the process for suing someone in Ontario. Indeed, it deserves to be categorized as a truly welcome event.

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