Suing in different states can be different. But the primary rules are all the same. You can sue a person or company for many reasons- for not paying you your wage or borrowed money, breaking promises, or wanting a personal injury settlement.
So, let us give you some common answers regarding suing someone in Canada.
How to sue someone in Canada?
There are some definite processes, and the timeline for the whole process takes place. Let us make it simple for you.
What are the good reasons to sue?
There are many reasons for suing. For example,
- In the early medieval age, when someone promises a girl to marry and then for no apparent reason, they break up. Then the girl had the right to sue the gentleman. If the court finds him guilty of exploitation by saying a lie, they will take the step. However, this rule is eradicated from most of the states.
- If the husband gets into an extra-marital affair, the wife may sue him for divorce and alimony. Sometimes the mistress can also get sued. But this is a very rare case. The law is built on the term ‘alienation from affection.’
- If someone gets injured for someone’s fault, then the fault party’s insurance company must pay his/her medical treatments, medicine, and lost wages, etc. To get the money, you have to sue the other person or the company at first. Then after investigation and settlements, an amount will be paid for you.
- If for some reason, a person or company owes you money- it could be your wage, your delivery money, etc. you can sue them to get back the money. The court will order them to pay the money. If they want to go to the trial, the case will further be investigated.
The process of suing someone
The whole process is very time consuming and tiresome. But it is what is needed to set justice and claim your right.
1. Make the claim
When you fix your mind that you are going to make a claim and sue the other person, you need to fill up a form. You can fill-up the form in person or online. If you do that in person, the clerk in the office will help you fill-up the form and inform you about the additional documents needed.
Please make sure you have written the name and address of the defendant correctly.
2. Investigate the claim
Your legal advisor will be checking incident records and other facts of the case to determine the person or persons liable for the losses you suffered.
For example, an accident involving several motor vehicles where you were wounded. There will be several eyewitnesses or CCTV footage. After compiling everything, the lawyer will work on his next step.
3. Making the statement for court
A statement of claim is written by your legal advisor and includes the evidence on which the claim for damages. The allegation declaration is sent to the judge, and each complainant is provided with a copy. You will keep the original copy, and the court and the defendants will receive a copy each.
4. Serving the documents
After a defendant is presented with a statement of claim must file a statement of defense within a certain time. Indifferent states it is different. In the statement of claim, he will be reacting to the factual claims and providing any defenses to the complainant’s claim.
When both of the parties share evidence and documents, and other facts about the claimant and defendant’s claim regarding the case, it is the case’s discovery period.
Parties of a case could be forced to answer questions on the opposing party asked by the council. The witness of such an investigation shall be under oath, and the questions and answers shall be registered and noted down by the parties for their use.
6. Settlement meeting
Upon conclusion of the discovery, any party in a lawsuit can ask that the case be set up for trial by the judge. Before the trial date, a pre-trial meeting is held with the legal advisors for the parties to consult among themselves.
After that, there will be a meeting with a judge to negotiate the lawsuit’s final resolution. Even after that, the case is still going on, then both of the parties are bound to go to the trial for the final decision.
If a lawsuit finally goes on trial, with testimony and documents submitted to the judge and jury board, the defendant has the responsibility of proving an argument for damages. The counsel of the complainant gets a right to cross-examine the witnesses with the appellant.
The defense must, till the last moment, try to gather pieces of evidence on their support. The court will make a judgment after both parties have submitted their facts, considering the documents and evidence.
How much does it cost to sue someone?
It is difficult to come up with an average amount of money. Every case is different in its way. For filing a case, the fee can be 102 dollars. For smaller cases, on average, considering the bills, 10000 dollars can be needed. But for a much bigger and complicated case, the range is higher and varies from one case to another.
There is a certain discount for certain people, such as people under support programs, special children, old people, world veterans, etc., they can apply for removing the fee. After considering their case, they will be given a certificate to a certain date. After filing a case, the plaintiff needs to submit a copy of it.
How long can you wait to sue someone in Canada?
When you learned that you have the right to legally claim the money, you need to file for the case right away. After the incident, around 2 years, you will be eligible for claiming settlement money.
But cases vary according to the importance and complexities of the situation. For example, you were sick or in no place to apply. Then the court will consider the matter. If it is considerable, they may shift the time further for you.
Do I have to have a lawyer to sue someone?
If it is a small case and you are confident enough to handle the case, you are welcome in the field for defending your case. But if the case is important, the other party is strong, you should consider hiring a lawyer.
But our recommendation is- hire a lawyer. Sometimes you will not understand the opposing party’s puzzle, and you will end up losing a simple case. Sometimes they demand the loser party to pay for their court expanse and others. So, be careful about the decision.
Before you consider the process, you need to consider some of the points, such as going to a trial and the money you need to run the case. If unfortunately, you fail to win the case, the payback is also on your shoulder.
If you feel that the money is worth running and going to the trial, you must proceed with your claim. Last but not least, do not hesitate to practice your right. Help yourself get justice.