What is a civil case?

A civil case is a lawsuit that usually deals with contracts and/or torts. Torts, generally speaking, are wrongful (negligent) acts that result in damage or injury.

Civil cases can occur by way of action or application. You must bring your case as an action, unless a statute or the Rules of Civil Procedure provide that you should bring your case as an application. The information that follows generally describes the procedure for actions. For information on the application procedure, consult the Rules of Civil Procedure.

Note that claims worth $10,000 or less can be heard in the Small Claims Court, which has its own procedures and rules and is generally considered simpler and less expensive than bringing a civil claim in the Superior Court of Justice. For information on bringing a claim in Small Claims Court, please visit the Small Claims Court section of the Ministry's website.

Cases involving some areas of law are dealt with by specialized bodies or are governed by specialized procedures. As a result, the information that follows with respect to civil cases may not apply to these types of cases.

Here is a list of some of these specialized areas of law, as well as links to sources for more information:

• Does your concern relate to the breakdown of your spousal relationship, or access to or custody of your children? If so, consult the Ministry's materials on family justice.
• Does your matter relate to wills, estates or trusts? If so, consult the Ministry's materials on estates
• Does your dispute relate the building of a new home? Contact the Ministry of Government Services regarding the Ontario New Home Warranties Plan Act.
• Does your dispute relate to your lawyer's bill? Assessments of lawyers' bills may be conducted by an assessment officer. You may find further information about this process from the Law Society of Upper Canada or from the court office.
• Are you having a dispute with your residential landlord or tenant? Contact the Ontario Rental Housing Tribunal regarding your rights and responsibilities under the Tenant Protection Act.
• Do you have a complaint regarding insurance? Contact the Financial Services Commission of Ontario for information regarding insurance and insurance complaints.
• Are you considering declaring bankruptcy, or does someone who is declaring bankruptcy owe you money? Contact the Office of the Superintendent in Bankruptcy for more information.
• Do you have a complaint against a private bailiff? The Bailiffs Act sets out a procedure for complaints against private bailiffs. Contact the Ministry of Government Services for more information.
• Do you have a complaint against a lawyer? Contact the Law Society of Upper Canada.
• Do you have a complaint against a judicial official? Visit the Ontario Courts website for more information.

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