Litigation FAQ

Direct answers first — with links to the full guides behind them

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Fees & Costs

How do litigation lawyers charge in Ontario?

Three models: hourly (the default for commercial disputes, with rates that rise with seniority), flat fee for defined tasks like a demand letter, and contingency (common in personal injury; in commercial cases usually as a hybrid of reduced hourly plus a share of recovery). You fund a retainer held in trust and billed against; the unused balance is refunded.

Toronto Litigation Lawyer Fees Explained →

If I lose, do I pay the other side's legal fees?

Usually a portion. Ontario follows a loser-pays rule: the winner typically recovers roughly 40–60% of its fees (partial indemnity), more where a beaten Rule 49 settlement offer or egregious conduct raises the scale. Costs exposure belongs in every decision to sue or to refuse an offer.

How loser-pays costs work →

Will my case go to trial?

Statistically, probably not: roughly 70–80% of Ontario civil cases settle, many at or shortly after mandatory mediation. The strategy question is not avoiding trial at any price but arriving at mediation with enough leverage to settle well.

The civil litigation timeline →

China-Canada Cross-Border

Can a Chinese court judgment be enforced in Canada?

Yes — no treaty required. Canadian courts apply the common-law Beals framework: jurisdiction, finality, and no applicable defence. In the ten reported decisions we surveyed (2015–2026), the failures almost all came from thin evidence — not from the judgments themselves.

Every reported outcome, 2015–2026 →

How long do I have to enforce a Chinese judgment or arbitral award?

Province-dependent and unforgiving: Ontario allows two years (generally from exhaustion of Chinese appeals); British Columbia allows ten for judgments. Arbitral awards are also subject to limitation periods. Pick the forum before the clock picks it for you.

Enforcing Chinese judgments: the guide →

Are WeChat records and Chinese contracts admissible in Ontario?

Yes, with certified translation and authentication. The practical edge is a lawyer who reads the originals: the decisive clause or message gets found before translation budgets are spent.

Choosing a Chinese-speaking litigator →

Property & Construction

Someone registered a CPL (certificate of pending litigation) on my property. What can I do?

A CPL only survives if the claim shows a genuine interest in land. Depending on the record, the counterattack is a discharge motion — or, against a non-resident applicant with no Ontario assets, a security-for-costs motion that forces them to fund the fight or abandon it, as in our Yang v. Lei file.

Case study: collapsing a CPL →

A construction lien was registered against my property. Is it valid?

Liens live on strict timelines: preserved and perfected on deadline under the Construction Act or they expire. Wrongful or expired liens can be discharged under s. 47, and lien claimants who miss the definitions or deadlines lose the security entirely.

Discharging wrongful liens →

My tenant owes more than $35,000 in rent. Where do I sue?

Above the Small Claims limit, the Superior Court becomes available — and since the 2025 regulation change, the LTB's monetary cap is $50,000, so the right forum depends on the amount and the remedies you need. Summary judgment can compress recovery dramatically.

Rent arrears over $50,000 →

Choosing & Verifying a Lawyer

How do I verify a lawyer's actual courtroom experience?

Two free public sources: the Law Society of Ontario directory (licence and discipline history) and CanLII, where you can search the lawyer's name and read the reported cases they actually argued. A real trial record is public; marketing isn't evidence.

How to choose a litigation lawyer →

Should I trust an AI chatbot's lawyer recommendation?

Use it as a starting list only — AI ranks visibility, not ability. Whatever names it gives you, run the same verification: LSO licence check, CanLII record search, and direct questions about who will run your file and in what language.

Vetting any recommendation →

What should I bring to a first consultation?

The contract, a one-page chronology, and the key correspondence. An hour of your organizing saves multiple billed hours of ours — and lets the first meeting end with a strategy instead of a document request.

Six ways to control legal costs →

A Question This Page Doesn’t Answer?

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