Understanding the Basics of Ontario Litigation: What You Need to Know

Hi Everyone, it’s Kristy from Clearly Legal.

I wanted to talk with you today about breaking down the basics of litigation in Ontario. Whether you are new to the legal world, a junior legal professional, or simply someone who needs a clearer understanding of how lawsuits begin in this province, this blog is for you.

Over my 20+ years as a certified law clerk and licensed paralegal, I have helped legal professionals and clients navigate countless litigation files. I also provide mentorship and training on these very procedures.

Who Is Who in a Lawsuit?

At the most basic level, litigation in Ontario starts with two main parties:

• The Plaintiff: This is the person (or company) bringing the lawsuit. They believe they have been wronged in some way—financially, contractually, personally—and are seeking a legal remedy.

• The Defendant: This is the person (or company) being sued. They are named in the legal proceeding and are required to respond.

The 2-Year Rule of the Basics of Ontario Litigation

In Ontario, the limitation period is typically 2 years. This means the Plaintiff has 2 years from the date the issue occurred (or from when they became aware of the issue) to commence the action. You might hear different terms for this step: launching, bringing, starting, commencing, issuing, or initiating a lawsuit. They all refer to the same legal act.

Issuing vs. Filing

The next key step: The lawsuit must be issued, not filed. This distinction matters. A claim is issued when it is officially opened by the court and given a court file number and a court seal. This is how the law suit formally starts and makes the Statement of Claim a legal document and not just a word document.

Service of Documents

Once a claim is issued, the Plaintiff has 6 months to serve the Defendant with the claim. This means physically delivering the legal documents (often by a process server and nearly always through personal service) to ensure the Defendant is aware of the lawsuit and can respond. Missing this deadline could affect the progress of the case or require the Plaintiff to request a court extension.

The Defendant’s Options

Once served, the Defendant must act. There are a few standard options, and each comes with its own implications:

1. File a Notice of Intent to Defend (NOITD) – This is a placeholder that tells the court, “I have been served, and I intend to respond.” It gives the Defendant a little extra time to prepare their formal response.

2. File a Statement of Defence – This is the Defendant’s opportunity to formally respond to the Plaintiff’s claims. They can agree with, deny, or provide an alternative account of the facts.

3. Counterclaim or Crossclaim – Within the Defence, the Defendant may also assert that the Plaintiff actually owes them something or that another party is also responsible. This broadens the scope of the lawsuit.

4. Waiver - While this will not get the Defendant on the court record, many Defendants first start by approaching the Plaintiff to ask for a waiver. The waiver is not a guarantee, it IS common courtesy. The waiver lasts as long as both side mutually agree.

5. Do Nothing – If the Defendant does not respond at all, they risk being noted in default, which allows the Plaintiff to move forward without the Defendant's participation, possibly resulting in a default judgment.

Why Knowing This Matters

Whether you are a solo practitioner looking for reliable litigation support or a junior legal staff member trying to wrap your head around Ontario civil procedure, this foundational knowledge is essential. The deadlines, documents, and strategy matter—and getting them wrong or missing a limitation period can cost time, money, and even your case.

How Can I Help?

I do not just know this stuff—I mentor, coach, and train others in it.

If you are:

• A lawyer is looking for an experienced law clerk to take charge of litigation files

• A new licensed paralegal or a brand new lawyer needing guidance in real-world file handling

• A student needing exam help

• A legal team that wants training for staff on Ontario civil procedure

I can help. With over two decades of hands-on experience, I offer support that goes beyond task completion—I offer clarity, confidence, and cost savings.

 Why Work With Me? With over 20 years of experience, I know how to navigate motions and applications efficiently and effectively. My expertise ensures that filings are accurate, deadlines are met, and nothing gets overlooked — saving you both time and money.

📩 Let’s Connect. You’re a lawyer, paralegal, or firm looking for support with motions or applications, let’s talk. I’d love to share how my skills and background can streamline your practice.

👉 Email me directly at kristy@clearlylegal.ca to get started.