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If an individual has suffered from harm, injury, or loss in Ontario, Canada, through no fault of their own, they may want to file a lawsuit. A lawyer who handles lawsuits is also called a civil attorney or a litigator.
There are many different types of civil attorneys in Ontario, Canada, who specialize in many different areas of law. It is important to be aware that the terminology used to describe individuals who practice law may differ between Canada and other countries, such as America.
In Canada, common law lawyers are called barristers and solicitors. The term attorney has a different meaning in Canada, which is an individual appointed under a power of attorney.
In Canada, Australia, and the United Kingdom, the terms barrister or solicitor are used instead of attorney. It is important to be aware that when an individual is searching LegalMatch for legal assistance and they reside in Canada, they will search using the terms attorney and lawyer, as the content is written by individuals using American vocabularies.
In the United States, the labels lawyer and attorney are used interchangeably. They both refer to individuals in the united legal profession and there is no distinction between attorneys who try cases in court and attorneys who do not.
In Canada, the term lawyer refers to an individual who is a civil law notary in Quebec or who has been called to the bar. Common law lawyers in Canada are known as barristers or solicitors.
There are no restrictions on the types of law which can be practiced by a lawyer in Canada. Lawyers in Canada can appear and represent clients in court.
Because Ontario and the United States are in such close proximity, individuals from both countries may be familiar with the legal system in their neighboring country. There are, however, some important distinctions between lawsuits in Ontario and in North America.
Federal courts in Canada have jurisdiction in limited circumstances, including:
The Supreme Court in Canada is over all of the Canadian courts and all areas of law. In contrast, in the United States, federal courts typically only exercise jurisdiction over:
In the United States, a plaintiff may choose to file their personal injury lawsuit either in federal court or in state court. In these cases, the federal court will apply the law of the state in which it is located.
In some cases, when a plaintiff filed their lawsuit in state court, a defendant may be able to move the case to federal court if they can meet the requirements. This provides an opportunity for gamesmanship in personal injury cases which is not available in Canadian courts.
The concept of contributory negligence is also different between Canada and the United States. In Ontario, a court will determine the extent to which a plaintiff’s own negligence contributed to their own injury, if at all and the plaintiff’s recovery is reduced proportionally by that amount.
In the United States, contributory negligence refers to an old rule which prevented a plaintiff from recovering if they were at fault at all. There are a handful of states which still follow this rule.
What is referred to as contributory negligence in Ontario is the same as comparative fault in the United States. In Ontario, it is similar to the pure comparative fault rule used in some states, which simply reduces the plaintiff’s recovery by the extent of their own fault.
If an individual files a civil lawsuit in Ontario, they will be subject to a cap on the damages they can receive. The Supreme Court of Canada has imposed a limit on the amount of damages which may be awarded for pain and suffering, which is approaching $400,000 in recent years.
The United States, on the other hand, is known for its large damages awards. In most of the country, there is not a cap on damages which may be awarded for pain and suffering.
There are also different rules between Ontario and the United States regarding fees for attorneys. Ontario follows the English Rule, where the costs of the legal action are paid by the losing party.
In Ontario, the amount of the costs which must be paid by the losing party is within the discretion of the court, but they usually have to pay a portion at least. In contrast, in the United States, the American Rule is used, which means that each party bears their own costs.
If an individual believes they may need to file a civil lawsuit to resolve an issue they are facing, it may be helpful to have some background information regarding this type of lawsuit. In Ontario, the Superior Court of Justice hears all civil proceedings, including:
Civil lawsuits are typically used to address and resolve legal issues which affect individuals and organizations. Civil lawsuit lawyers spend the majority of their time arguing why a client should be awarded monetary damages or why their client should not be required to pay damages to the plaintiff.
A civil lawsuit can result in a defendant, or the individual being sued, being required to pay large amounts of monetary damages. Civil lawsuits may include a wide variety of legal claims.
It is important to note that there are civil laws and criminal laws in Ontario. Criminal laws are governed by Canada’s Criminal Code, which lists all criminal offenses.
The burden of proof in a criminal case in Ontario is different from that of a civil case. In order to convict an individual of a crime in Canada, a judge or jury must believe the individual is guilty beyond a reasonable doubt.
In a civil case, the standard is a balance of probabilities. This means that the defendant more likely than not caused the loss or harm of the plaintiff.
If an individual believes they have a claim in Ontario, they should seek the counsel of a Canadian lawyer. Their lawyer can review their case, advise them regarding the laws which apply, and assist them throughout the legal process.
Prior to selecting a lawyer, solicitor, or barrister, it is important for an individual to ensure that their prospective representative has completed the necessary educational training and has the proper certifications, which includes being called to the Bar of Ontario and being conferred the degree of Barrister-at-law, receiving a Court Certificate of Qualification, and being sworn in and enrolled.
An individual can also use a lawyer locating service, like LegalMatch, where potential clients can easily research the background of lawyers prior to hiring them. LegalMatch provides contact information for pre-screened lawyers as well as background information, including:
Additional information regarding legal procedures and laws in Ontario, Canada may be found by searching the following websites: