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In Ontario, any personal injury lawsuit proceeds through a series of stages. Two of those stages do not resemble the steps that are part of similar lawsuits in other regions of the Canada or even USA.
Ontario’s unique stages
The exchange of pleadings: This takes place following the collection of evidence and prior to the start of the discovery.
Mediation: This is a mandatory step. It must follow the discovery. It provides the two disputing sides with a chance to come to an agreement before investing time and money in a trial. The government provides the 2 sides with the required mediator.
The steps that supplement the lawsuit’s unique parts in Ontario
Someone with a personal injury claim consults with and hires a Personal Injury Lawyer in Orillia. The lawyer and client work together to collect the relevant evidence. The fact-finding session, also known as the discovery: As stated above, this follows the pleading. At this point each party gets to look at the other party’s case. The required mediation takes place following completion of the discovery process.
Each party gets a chance to call for and file preliminary motions. This step allows for a laying down of the process that both sides must adhere to during the trial. The trial takes place: The lawyers for each side make their opening remarks, present their evidence and make their closing remarks. Frequently, a number of witnesses get called to testify.
After the closing remarks, the jury deliberates and reaches a verdict. The judge receives and reads the verdict. The judge might declare the size of an award, or the need to place any added fines on the acknowledged defendant. If either side wants to contest some legal aspect of the trial, that same party can file an appeal. Utilization of the appeals process allows for an introduction of new evidence. In some instances, an earlier ruling gets changed, following completion of the appeals process.
Possible changes to the list of steps/stages
The opposing parties have the right to reach an agreement at any stage of an ongoing lawsuit. No one can insist on a continuance of the lawsuit’s scheduled proceedings. Even a judge in chambers must adapt his or her schedule to the changes created, if the 2 disputing sides reach an agreement on their own.
There is no way to plan for such a change. Still, Ontario’s insistence on utilization of mediation does manage to increase the likelihood that such changes might come about. In fact, the mediation phase actually has a slot set aside for announcement of an agreement. Mediators hope that the disputing parties will take advantage of that slot’s presence within the various phases of the ongoing lawsuit.