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Litigation refers to the process of resolving disputes through the Canadian court system and enforcing legal rights. While litigation can be time-consuming and costly, it remains an effective method for addressing complex legal issues in Canada. Alternative Dispute Resolution (ADR) methods are also available as more convenient and cost-effective options for certain cases.
Litigation

Key legislation to consider

  • The Federal Courts Act and Provincial Rules of Civil Procedure are the primary laws governing civil litigation and dispute resolution in Canada.
  • The Canada Evidence Act and provincial evidence acts establish rules for admitting evidence in court proceedings.
  • The Class Proceedings Act in various provinces regulates class action lawsuits.
  • Provincial Court Tariffs and Rules on Costs determine how legal costs are allocated between parties.
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Common questions about litigation in Canada

What is the difference between Litigation and Alternative Dispute Resolution (ADR) in Canada?

Litigation involves formal court proceedings governed by strict rules and procedures, while ADR methods like mediation, arbitration, and negotiation offer more flexible and often quicker means of resolving disputes without going to court.

When should I consider litigation in Canada?

Litigation is typically appropriate for complex legal matters, cases involving significant monetary claims, situations requiring judicial interpretation of laws, or when other resolution methods have failed. Many Canadian courts now require parties to attempt mediation before proceeding to trial.
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