MCkercher. Frequently asked questions

Who are you suing?

• Take the time to carefully consider your situation and identify who is involved.

How much is the claim for?

• Claims for $20,000.00 or less may be brought under Small Claims proceedings. Claims above that amount go to the Court of Queen’s Bench. Small Claims is a shorter process, so the matter will proceed more quickly.

Has there been any attempt to resolve the issue outside of the courts?

• Often conflicts can be resolved simply by engaging in open communication with the opposing party. Before seeking intervention through legal processes, it is important to consider this step.

What documentation do you have to support your claim?

• It is important to keep any documentation relating to your claim. Depending on the nature of the claim, this will include items like receipts, photos, a record of dates, invoices. Your legal counsel will want all available material relating to the claim.

How much will it cost?

• Cost of litigation depends on the nature of the matter as well as how complex it is. It is important to consider how much a claim is worth to you. You can meet with a lawyer to determine what the cost will likely be.

What happens if I win a lawsuit?

• Receiving a judgment in your favour is not necessarily the end of the matter. If there is an award, the other party might not pay it. You may need to seek judgment enforcement in order to receive the amount granted.

HOW LONG DO I HAVE TO COMMENCE AN ACTION?

The short answer is two years… but there are exceptions. The Limitations Act, SS 2004, c. L-16.1 (the “Act”) sets out the rules that limit the amount of time one has to commence a civil action against (i.e. to sue) someone else. The standard period is two years for civil legal actions. The clock starts to run when the person bringing the claim first knew, or ought to have known, that:

• The injury/loss had occurred;
• The injury/loss is attributable to the defendant’s (person you’re suing) actions; and
• Formed the basis of a valid legal claim.

The Act also imposes an ultimate limitation period that bars all actions after 15 years from the date on which the event giving rise to the claim took place. This ultimate limitation applies regardless of when you knew or ought to have known that the injury/loss had occurred.

Limitation periods exist to balance the interests of both parties. The Act prevents a person from being aware of a legal claim and not doing anything about it for several years because at that point, the person against whom the claim is brought may no longer be in a position to adequately defend the claim.

As with most things in the legal world, there are some exceptions to these rules:

• For minors (persons under the age of 18) and persons who lack mental capacity, the limitation period is often postponed;
• Where a person fraudulently conceals the fact that an injury/loss giving rise to one’s claim has occurred, the ultimate limitation period is suspended; and
• Where the claim results from sexual assault or from assault where the parties are in an intimate or dependant relationship, there is no limitation period.

I’M BEING SUED, WHAT SHOULD I DO?

If you are served with a Statement of Claim, do not ignore it. There is important information contained in that document.  It will inform you of the timeline available to respond to the claim as well as the processes you must follow.  Ignoring a lawsuit will not make it go away.