For Our Clients

Client Resources

Litigation is long, and most of it happens out of sight. These guides explain the stages where you are personally involved, what will be asked of you, and how to prepare.

What these guides are for

Clients tell us the hardest part of a lawsuit is not the law. It is not knowing what is coming, or what is expected of them when their turn arrives. A civil case can run for years, and for most of that time the work sits with your lawyers. Then, at a handful of specific moments, it sits with you.

These guides cover those moments. They are written in plain language, for the person going through it rather than for other lawyers, and they describe how things actually work in Ontario rather than how they work in a courtroom drama.

Your case, stage by stage

Roughly in the order you will meet them.

Start here Examinations for Discovery Questions under oath before trial. What happens, and ten rules for answering well. Assessments Independent Medical Examinations Being examined by a doctor chosen by the other side, and what refusing costs you. Settlement Preparing for Mediation The day most cases end. How offers move, and what a figure actually leaves you with. Court Pre-Trial Conference A short meeting with a judge. You have to attend, with authority to settle. Court Preparing for Trial Giving evidence in a courtroom, and how cross-examination differs from discovery. Afterwards After the Settlement Minutes of settlement, the release you cannot undo, and when the money arrives. Afterwards Appealing a Decision Not a second trial. What has to have gone wrong, and the thirty day deadline.

Discovery by case type

The procedure is the same in every case. What you will be asked about is not.

By case type Medical Malpractice Your recollection against the chart, and the questions aimed at the limitation period. By case type Car Accidents Two claims running at once, your prior health, surveillance and defence assessments. By case type Slip and Fall The mechanics of the fall, your footwear, and the notice deadlines behind the questions. By case type Long Term Disability Your policy wording, a typical day, treatment gaps and the insurer's own file. By case type Property Loss Claims How a discovery differs from an examination under oath, and your proof of loss.

Fees, costs and settlement money

What litigation costs, what the risk is if you lose, and what reaches you at the end.

Fees Legal Fees and Costs What we charge, what the percentage applies to, and who pays costs if you lose. Fees Adverse Costs Insurance Cover for an adverse costs award, and why malpractice claims are the exception. Fees What Comes Out of Your Settlement OHIP's subrogated claim and the other deductions before a balance is paid.

Also worth knowing

Two situations that catch people out.

Throughout Surveillance and Social Media Assume you are being watched. Why that is not a reason to change how you live. Special cases Court Approval of a Settlement Where the injured person is a child or an incapable adult, a judge has to approve it.

These guides are general. They are not a substitute for the preparation meeting with your own lawyer, which is where your particular case gets worked through. If you are a client and something here does not match what you have been told about your file, follow your lawyer's advice and ask us about the difference.

Davidson Cahill Morrison LLP

Questions about your own case?

We act for clients in medical malpractice, personal injury, disability, insurance, and municipal matters across Ontario, from offices in Toronto, Huntsville and Bowmanville.