CIVIL LITIGATION

What is Civil Litigation?

Civil or Commercial Litigation is a dispute between two or more parties that results in legal proceedings.  A civil litigation lawyer must be skilled in various areas of substantive law and at managing what is often a complex process. 

There are two key sources of substantive law that guide any civil litigation, one being statutes passed by the Federal Parliament or Provincial legislatures, and the other is the common law, often referred to as “judge made law”. 

Our legal system is governed by “precedent”, which refers to previous decisions by the courts that involve the interpretation of Statutes or the application of legal principles that have been developed over centuries by common law courts. It is the knowledge of precedents that enables a civil litigation lawyer to properly advise a client of the strengths and/or vulnerabilities of their case, and guide them to a negotiated resolution.

The Litigation Process

Civil Litigation is a multi-step process.  It starts with the preparation and filing of “pleadings” which for a Plaintiff is a Notice of Civil Claim, and for a Defendant a Response and in some cases a Counterclaim.  A Defendant might also file a Third Party Notice, which essentially means that if the Defendant is found liable there is another party who should pay the Plaintiff’s damages instead of the Defendant.  Once the pleadings are closed the process moves to the Discovery stage.

Discovery is a two-step process and starts with the disclosure by both parties of all relevant documents.  In some cases there are thousands of documents and it takes an experienced and skilled lawyer to analyze them and determine what documents really matter to the issues and the outcome.  What follows are oral Examinations For Discovery, which enables each party to have their opponent cross examined under oath or affirmation by their lawyer before a court reporter, who records the questions and answers.

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What to Expect in a B.C. Civil Litigation Case?

In many cases there are witnesses who are not parties to the proceeding but have material evidence that relates to an issue or issues.  Usually each side has cooperative witnesses, however in some cases there is a reluctance or refusal to get involved.  In that case the Supreme Court Civil Rules allow a civil litigator to force a person to give evidence under oath or affirmation before a court reporter.

In many cases there is a need to make an Application and obtain an Order from the court before a trial.  Perhaps the most common is the pursuit of   documents the other party is refusing to disclose, but there are myriad reasons why a party may need to speak to a judge before a trial.  No matter what the reason, this is referred to as a Chambers Application. It happens in a courtroom, but before a trial.

The outcome of a civil dispute is often difficult to predict with any certainty.  What is certain is it’s is a long and drawn out process, very stressful and incredibly expensive.  Mr. Thompson is adept at identifying what is really at issue, marshalling and managing the volume of documents that are relevant and cross examining witnesses to get what is required to have a successful outcome.  As an experienced Mediator in the family law context Mr. Thompson is a skilled negotiator, and in most cases can get your dispute resolved without having to go to trial.