In every litigation (Dispute/Court matter) there are 3 main steps:
1. The Pleadings: This usually includes the initial Claim and the statement of Defense. In more complicated cases, the pleadings can include many more and other Pleading documents. The Pleadings set out the parties, facts, the applicable law, and available remedies. A good drafted pleading document can augment the strength of your case and create efficiencies throughout the entire litigation process.
2. Discovery of Evidence: After the Pleadings close, each party must then disclose all their evidence to each other (note: not all documents should be shared i.e. privilege). Each party then has an opportunity to question the other parties in the case. A well executed questioning can serve many strategic purposes in the Action.
3. Trial: After Discovery is complete, the parties will schedule and attend a trial. At the trial, the parties must bring all their evidence and witnesses. Trials usually start with an opening statement; then each party introduces their evidence; and finally both parties make closing statements. The closing statement should connect the evidence/facts to the law. Trials impose many obligations on the parties involved and errors can result in the wrong judgment. We strongly recommend obtaining legal advice before a trial or arbitration.
The parties may enter into a settlement at any time. These 3 steps may vary depending on the forum of dispute resolution (ex: Arbitration, Provincial Court, tribunals, etc). We are happy to discuss your case – call us to book your consultation at 403-540-0089.