Civil Litigation, Advocacy

Civil Litigation may involve going to court but also includes mediation, arbitration and negotiation of your dispute from start to finish.

Navigating Common Disputes:
From Real Estate Deals to Insurance Claims

Disputes happen: A buyer reneges on your real estate deal; your insurance company wrongly denies you coverage after a loss; shareholders in your family business can’t agree on how to value the business for sale; you need to put a lien on your client’s property to recover an unpaid invoice on a construction project.
When things don’t go according to plan, we are here to help. If your case can be settled, we work with you to negotiate the best possible deal. If your case must go to court, we are ready to represent you at every stage of the process through to trial.
We know that litigation is expensive and that you demand value for your money. If your case is in Small Claims Court or before the Landlord Tenant Board or other tribunal, we have a licensed paralegal who can handle your case at a lower hourly rate. But you are in charge and you decide how your case is managed.

Throughout the process, we’ll report and reassess regularly to ensure that we’re meeting and exceeding your expectations. Whatever your situation, we have the experience and legal expertise to help you achieve your goals.

We advise on all forms of litigation, including:

To learn more about how we can help you, please get in touch with Jason Rabin

Our Civil Litigation, Advocacy Lawyers

Our real estate group is supported by a team of experienced and knowledgeable clerks and has many years of experience. We also have extensive knowledge in property law matters, including leasing, financing, development, transacting with public authorities.

Frequently Asked Questions

At Gibson Tanner Rabin LLP, we understand that navigating legal matters can be complex and overwhelming. Our FAQs are designed to provide clear, concise answers to common questions, helping you gain a better understanding of our services and processes.

What remedies are available in our civil litigation system for the successful plaintiff?

Generally the courts in Ontario will provide relief in terms of monetary damages meaning they will order one side to pay money to the other side. However, the Ontario Superior Court of Justice also has jurisdiction to provide injunctive relief, meaning it can order a party to do (or refrain from doing) a particular action in addition to ordering the payment of damages. Other types of non-monetary relief can be sought under statutory authority, such as the oppression remedy found in the Condominium Act, 1998, the Canada Business Corporations Act and other statutes.

Ontario has a “loser pays” court system, which means that generally the loser must pay the winner’s legal costs.  Typically, this is on a “partial indemnity” basis, which comes out to between 50%-65% of the party’s actual legal bill. In some circumstances the loser may have to pay the winner “substantial indemnity” costs, which is around 90% of the actual legal bill. In rare circumstances, a party may be able to recover 100% but this is the exception, not the rule.

Unfortunately, litigation can be time-consuming and depending on the value of the case and the level of court, it may take several months in the case of a simple Application to several years in the case of an Action. However, most cases in the civil litigation system will typically settle long before the case winds its way fully through court, often through mediation, which is generally mandatory for Actions in the Ottawa region. For some cases there may also be available faster remedies, such as through a motion for summary judgment, which may be heard in as little as a few months.

The legal cost for arguing a case depends greatly on its complexity and on other factors such as the level of court, the seniority / hourly rate of the professional handling the case and how far the case gets into the litigation process before it resolves. At Gibson Tanner Rabin LLP, we always pursue early settlement if instructed by you and where appropriate. We also understand that a $10,000 lawsuit in Small Claims Court cannot be handled the same way as a $1,000,000 lawsuit in Superior Court, which is why we offer different staffing options, such as junior associate and paralegal representation for lower value cases to ensure that legal fees are proportionate with the amount in issue.

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Gibson Tanner Rabin LLP is here to guide you with clear, practical legal solutions. Book your consultation and get the advice you need today.