Commencing a legal application in a commercial litigation dispute

What is a legal statement?

A legal statement is a form of judicial procedure for resolving a legal dispute. An application is different from a claim. Litigation is the standard legal process that most people are familiar with. While the case ends with a hearing by a judge without living witnesses, the application is heard at a hearing by a judge without witnesses. For more information about litigation, please contact our lawyer for a car accident

This statement is best used when the dispute concerns the interpretation of the contract or when there is a minimum number of material facts in conflict. Suppose a judge can decide a case on the basis of documents rather than the testimony of witnesses. In this case, an application can be an excellent procedural option, as it is usually faster and cheaper than a lawsuit.

Steps for filing a legal application

• Application record

The applicant will serve their application record on the respondent. The application record states what the applicant wants the court to order and the evidence to support their request. The evidence is provided in an affidavit with supporting documents attached as exhibits. The responding party will then provide their application record. Sometimes, the responding party will bring a cross-application against the applicant for different relief (i.e., a counterclaim).

• Court ordered timetable

After the applicant has served the respondent with their application record, the parties must attend court to schedule the steps in the application process, including the hearing date.For the applicant, this is beneficial because the timetable creates court ordered deadlines for each step, including the final court hearing date. An action rarely has court ordered deadlines, which makes it easier for the defending party to delay the legal process.

• Cross-examinations

The witnesses who swore affidavits will then be cross-examined on their affidavits. Non-party witnesses may also be cross-examined. If a witness refuses to answer certain questions, further court attendances may be necessary to have the refused questions answered, depending on the importance of the question.

• Written legal arguments

The applicant and respondent each submit factum documents that argues their position by applying legal principles to the evidence. The facta, and all other material relating to the application, is filed so the judge has it before the court hearing.

• Court hearing

The applicant and respondent attend court to argue their position. In 2023, that usually happens virtually. The parties are encouraged to attend to observe the hearing. Usually within three months of the hearing date, the judge will issue a written decision.  

An application usually takes six to twelve months, subject to the complexity and volume of the application record. This time can vary significantly depending on the nature and urgency of the dispute.

Settlement

A settlement can happen at any time. Many applications settle before they are argued in court. However, because settling is unpredictable, the applicant should presume the application will be argued in court.

Cost recovery

In Ontario, generally, the successful party in a legal action usually recovers 50% of their legal fees from the loser. Costs are always at the court’s discretion.

Experienced legal support for your commercial litigation needs

Our car accident lawyer toronto understands the unique challenges faced by businesses today. With extensive court experience at all levels, including the Superior Court of Justice, Divisional Court, Court of Appeal for Ontario, Federal Court (Canada), Federal Court of Appeal, and the Supreme Court of Canada, we know how to protect your rights and ensure you reach a proper conclusion to your commercial dispute.