Understanding the Key Differences Between Procedural Law and Substantive Law

Hi Everyone, it's Kristy from Clearly Legal.

Today, I want to discuss Procedural Law vs Substantive Law.

When navigating the Ontario legal system, it is crucial to understand the distinction between procedural law and substantive law. These two branches of law serve different purposes, but work together to ensure justice is served fairly and efficiently. Knowing how they differ can help you better grasp how lawsuits progress, the correct ways to do things, and the division of labour between lawyers and clerks (and licensed paralegals, legal assistants and articling students).

What Is Procedural Law?

Procedural law refers to the set of rules that govern the legal process of a lawsuit. It outlines the steps that must be followed to properly file, present, and resolve a case in court. This includes how to submit documents, deadlines for filing, court protocols, and the forms required at each stage.

For example, procedural law dictates:

• How to serve legal papers to the opposing party

• The timeline for responding to a Statement of Claim or Application

• Rules for presenting evidence during a trial

• How appeals must be filed and processed

  
  

Procedural law does not address the actual facts or merits of the case. Instead, it focuses on the procedure to ensure the case moves forward correctly and fairly. This helps avoid delays or dismissals caused by technical errors. Can all legal professionals manage Procedural Law? Yes. Is it better use of time, money and resources to have a seasoned law clerk (me) do the procedure work, 1000% yes.

What Is Substantive Law?

Substantive law is caselaw and legislation, and how to apply to the caselaw and legislation to the facts and merits of a lawsuit. It is legal advice on the facts and merits of case, it is not legal advice on how to do something properly. Substantive law also includes regulations and legal journals.

For instance, substantive law covers:

• Contract law rules that determine if a contract is valid

• Criminal laws that define offenses and penalties

• Tort laws that establish liability for injuries or damages

• Property laws that govern ownership rights

  
  

When a lawyer provides advice on whether a client has a strong case based on the facts, they are offering guidance on substantive law. This is different from advising on how to file a claim or respond to a lawsuit, which falls under procedural law. In Ontario, ONLY lawyers and active licensed paralegals are able to provide substantive legal advice.

How Procedural Law and Substantive Law Work Together

Both types of law are essential for the justice system to function properly. Procedural law provides the framework for enforcing substantive rights. Without proper procedures, even a strong legal claim might fail due to missed deadlines or incorrect filings.

Ignoring procedural rules can result in a case being dismissed regardless of its merits. Conversely, following all procedures does not guarantee success if the substantive law does not support the claim.

Let's Connect

If you need help with the procedural details - the timelines, issuing and filing documents, contact me at kristy@clearlylegal.ca. My experience can save you time and money.