Toronto Civil Litigation Lawyer
30+ years of trial experience before the Ontario Superior Court, Divisional Court, and Court of Appeal.
By Paul Starkman & Calvin Zhang | Starkman & Zhang Lawyers | 30+ years litigation experience
What a Toronto Civil Litigation Lawyer Does
A civil litigation lawyer represents businesses and individuals in non-criminal disputes resolved through the courts — including contract disputes, shareholder and partnership conflicts, real estate disputes, construction claims, and debt recovery. You need a civil litigation lawyer when you have been served with a Statement of Claim or a demand letter, when a counterparty has materially breached an agreement, or when you need injunctive relief or damages from a court. In Ontario, most claims above the Small Claims Court’s $35,000 limit are heard by the Ontario Superior Court of Justice.
Starkman & Zhang Lawyers has 30+ years of trial experience across the Ontario Superior Court of Justice, the Divisional Court, and the Ontario Court of Appeal. We serve clients in English, Mandarin, and Cantonese from our Markham office and act throughout the Greater Toronto Area.
For our fee structure, see the Toronto litigation lawyer fees guide. To decide whether your matter belongs in Small Claims Court or the Superior Court, see our Small Claims vs. Superior Court comparison.
Litigation Lawyer vs. Solicitor: What Is the Difference?
Legal practice in Ontario is sharply divided between two roles. Clients facing a dispute often do not appreciate the distinction between a litigation lawyer and a solicitor (transactional lawyer), which can lead to hiring the wrong professional for the job.
A litigation lawyer handles disputes and court proceedings, while a solicitor focuses on transactions, drafting, and advisory work. Corporate M&A, real estate closings, and commercial contract drafting are typically solicitor work. Once a matter escalates to a legal dispute, a claim, or requires a court order, you need an experienced litigator.
In Ontario, most complex disputes ultimately end up before the Ontario Superior Court of Justice or a related tribunal. A civil litigation lawyer will typically have experience with:
- Drafting a Statement of Claim or Statement of Defence
- Documentary discovery (affidavits of documents)
- Examinations for Discovery
- Motions and interlocutory injunctions
- Mediation and pre-trial conferences
- Trial advocacy in the Superior Court
By contrast, lawyers whose practice centres on commercial or real estate transactions may have strong legal knowledge but do not regularly appear in court or run complex litigation matters. When a matter has already crystallized into a dispute or is likely to end up in court, hiring a lawyer with real litigation experience is significantly more important than credentials alone.
When evaluating a prospective litigation lawyer, you can look at:
- Whether the lawyer regularly appears in court
- Whether they have handled similar matters
- Whether they have actual litigation experience in the Ontario Superior Court of Justice or the Divisional Court
- Whether they have published case commentary or legal analysis
- Whether they focus on dispute resolution as a practice area
This kind of due diligence helps clients pick a lawyer whose actual practice matches the demands of their case.
What Is Civil Litigation?
Under Canadian law, civil litigation is the main mechanism for resolving private legal disputes. When one party believes another has breached a contract, caused economic loss, or violated a legal right, that party can bring a claim in court to seek damages or other legal remedies.
Common categories of civil litigation include:
- Commercial and contract disputes
- Shareholder and partnership disputes
- Real estate litigation
- Construction litigation
- Debt recovery and commercial fraud
These matters typically involve complex legal and commercial issues, which is why businesses and individuals retain a Toronto civil litigation lawyer to advocate on their behalf.
How Civil Litigation Works in Ontario
In Ontario, a civil action normally begins when a plaintiff files a Statement of Claim setting out the material facts and the relief sought. A typical civil case then moves through the following stages:
Statement of Claim
The plaintiff files a Statement of Claim to formally commence the action.
Statement of Defence
Once served, the defendant must file a Statement of Defence within the prescribed timeline (generally 20 days for defendants served in Ontario).
Discovery
The parties exchange affidavits of documents and conduct oral examinations for discovery to develop the evidentiary record.
Motions
Before trial, the court may hear motions on procedural or substantive issues — including summary judgment, injunctions, and production orders.
Mediation or Settlement
Under Rule 24.1, mediation is mandatory in Toronto, Ottawa, and Essex County civil actions. Many disputes resolve at mediation or at the pre-trial conference before ever reaching trial.
Trial
If the matter does not settle, the court hears the evidence, receives submissions, and renders a final judgment.
From the Statement of Claim through final resolution, a civil action in Ontario typically runs 18–36 months, depending on complexity and forum.
Common Civil Litigation Cases in Toronto
A Toronto civil litigation lawyer handles a wide range of disputes. The most common categories are:
Commercial and Contract Disputes
When a commercial contract is breached, or when the parties disagree on the meaning of its terms, the dispute often ends up in court. Contract disputes are one of the most frequent categories of civil litigation.
Real Estate Disputes
Real estate transactions involve substantial financial stakes, so disputes are common in Toronto — including failed closings, deposit forfeiture, development project disputes, and title claims.
Construction Litigation
Construction projects involve multiple contracting parties — owners, contractors, and subcontractors — so payment disputes, defective work claims, and breach of construction contracts frequently proceed to litigation.
Shareholder and Partnership Disputes
Conflicts between shareholders or partners — over control, distributions, or oppressive conduct — frequently generate complex litigation, including oppression remedies under the OBCA and derivative actions.
When to Consult a Toronto Civil Litigation Lawyer
Early advice from an experienced trial lawyer often helps businesses and individuals avoid much larger downstream legal risk. Common trigger points include:
- A material breach of a commercial contract
- A failed real estate closing
- A breakdown in shareholder or partnership relations
- A payment dispute on a construction project
- Receipt of a demand letter or court document
A litigation lawyer sees a high volume of comparable disputes, has real courtroom experience, and can assess the legal foundation of your position — then advise on whether negotiation, mediation, or litigation is the right next step.
How to Assess Whether a Lawyer Really Has Trial Experience
One of the most important questions in choosing a Toronto civil litigation lawyer is how to tell whether the lawyer actually has courtroom experience. Not every lawyer regularly appears in court. Many focus on transactions, contract drafting, or advisory work. Only those who consistently run contested files are, in practice, litigators.
A few concrete ways to evaluate a lawyer’s real trial experience:
1. Reported Court Decisions
In Canada, many court decisions are published on CanLII (the Canadian Legal Information Institute), a free public database covering decisions from all levels of court. When a lawyer has appeared as counsel on a reported matter, the judgment header typically identifies them by name. You can search CanLII by lawyer name to see how often, and in what forums, they have appeared. Note that not every case produces a reported decision, so this is an indicator — not a complete record.
2. Regular Court Appearances
A working civil litigation lawyer will regularly participate in:
- Motions
- Documentary discovery and examinations for discovery
- Mediation
- Pre-trial conferences
- Trials
These are the core stages of civil litigation in Ontario, particularly in the Ontario Superior Court of Justice. A lawyer who regularly participates in these stages tends to have a much stronger command of court practice and litigation strategy.
3. Focus on Dispute Resolution
Some firms explicitly define their practice around dispute resolution or litigation. If a firm’s core work is commercial transactions, corporate structuring, or real estate closings, its lawyers may not run contested matters day-to-day. Litigation-focused firms typically handle commercial disputes, real estate disputes, construction claims, and shareholder oppression.
4. Case Commentary and Legal Analysis
Many litigation lawyers publish case commentary or legal insights on their firm’s website. These pieces typically reflect the lawyer’s working knowledge of recent court decisions and legal doctrine, and give a useful window into their subject-matter focus and depth.
5. Complex-Case Experience
In complex commercial disputes or high-value litigation, a lawyer typically needs:
- Trial advocacy skills
- Experience managing large evidentiary records
- A deep working familiarity with Ontario’s Rules of Civil Procedure
These skills are typically built through years of running contested matters, not through classroom study.
Representative Matters
Selected civil litigation matters our firm has handled in Ontario:
Wei v. Ye-Hang, 2026 ONCA 180
Court of Appeal affirmed summary judgment, applying the Hryniak framework on appellate review.
Cheng v. Qu Fei Cheng, 2022 ONSC 6796
Mareva injunction over $835,000 in property sale proceeds — with the undertaking in damages waived under Rule 40.03.
BIE Health v. AG Canada (Discovery Disclosure), 2015
Federal Court production motion + Divisional Court appeal — Justice Myers personally reviewed approximately 50 documents and modified the production order.
Re Saban (Bankruptcy Discharge Appeal), 2012 ONSC 6700
Bankruptcy discharge appeal — conditional discharge upheld; creditor’s appeal for absolute discharge dismissed.
McNabb v. Ontario AG, 2000
Rule 21 motion to strike defended a Crown defendant from malicious prosecution and Charter claims at the threshold pleading stage.
Sandringham Place v. OHRC (Judicial Review), 2001
Judicial review at the Divisional Court — OHRC decision quashed under the patently-unreasonable standard.
Civil Litigation Insights
Frequently Asked Questions
What is the limitation period for civil claims in Ontario?
Under Ontario’s Limitations Act, 2002, most civil claims must be commenced within 2 years of the date you knew or reasonably ought to have known of the loss. A 15-year ultimate limitation period applies as a hard backstop. Missing a limitation deadline typically extinguishes the claim entirely — early legal advice is essential.
How much does it cost to hire a civil litigation lawyer in Toronto?
Fees depend on complexity, the volume of contested facts, and the forum. Straightforward matters usually proceed on hourly rates. Larger disputes sometimes qualify for hybrid or contingency arrangements. At the first consultation we assess the case and give a realistic cost estimate before any retainer is signed. See our litigation lawyer fees guide.
How long does civil litigation take in Ontario?
A typical Superior Court claim moves from Statement of Claim through examinations for discovery, motions, and trial over 18–36 months. Complex or appellate matters take longer. Where the facts allow, summary judgment under Rule 20 (per Hryniak v. Mauldin, 2014 SCC 7) can resolve a case in 6–12 months. See our civil litigation timeline.
Do I have to go to trial?
Most civil claims settle before trial — at mediation, at pre-trial, or after a dispositive motion narrows the dispute. But settlement leverage comes from being ready for trial. We prepare every file with trial in mind, which is why our clients often achieve stronger settlement outcomes.
What is the difference between a civil litigation lawyer and a solicitor?
Solicitors handle transactions — drafting contracts, closing deals, corporate filings. Litigators handle disputes — filing court proceedings, arguing motions, examining witnesses, and appearing at trial and on appeal. If you are already in a dispute, or expect one, you need a litigator, not a solicitor.
How do I verify a civil litigation lawyer’s courtroom experience?
Search the lawyer’s name on CanLII, the free public database of Canadian court decisions. Reported decisions where the lawyer acted as counsel are listed in the judgment header. Paul Starkman and Calvin Zhang each have a documented record of Superior Court, Divisional Court, and Court of Appeal decisions on CanLII.
Speak to a Toronto Civil Litigation Lawyer
Starkman & Zhang Lawyers, based in Markham, Ontario, focuses on complex commercial and civil litigation. We represent businesses, investors, and individuals across the full range of civil disputes at every level of the Ontario court system.
If you are dealing with a civil dispute in Toronto or elsewhere in Ontario, getting experienced trial counsel involved early is one of the most effective ways to protect your position.
Speak to a Litigation Lawyer