Civil Litigation

Renowned for handling complex and challenging litigation.

Costa Law Firm provides unequalled civil litigation and other legal services.  Our Litigation lawyers help you to resolve your Civil Litigation, Corporate Litigation or Municipal Litigation legal matters.

The litigation group is involved in all phases of litigation, from the initiation of proceedings through to appeals before the high courts.  The litigation lawyers with Costa Law Firm have appeared before Administrative Tribunals, Small Claims Court, Motions Court, Superior Court of Justice, Divisional Court, Ontario Court of Appeal, Tax Court and before the Federal Court of Appeal.  Our group has gained significant expertise in arguing complex questions of fact and law, often involving substantial sums of money and valuable property.  We have successfully identified and resolved a myriad of complicated procedural and substantive issues.

The Civil Litigation Group is committed to effectively representing the client’s best interests.  To meet this challenge, it is our priority to keep abreast of the legislative changes and leading cases which may impact on our clients’ positions.

At its most basic, civil litigation is the area of law covering private lawsuits – cases when an individual or a corporation sues someone else, due to disagreement over a legal matter.  These legal matters can range from contractual disputes to disputes over ownership or damage to property, as well as physical injury.  Generally, a civil suit goes through pleadings by both parties, discoveries, and trial.  During the trial, the party who has initiated the complaint or filed a Statement of Claim – also known as the “plaintiff” – presents the facts or evidence to support the case made against the other party – the “defendant”.  In a civil suit, the plaintiff must prove that it is probable that the defendant is legally responsible, or “liable” for the damage or injury caused.  Civil cases are decided on a balance of probabilities standard.  They may be complex and involve various steps, depending upon the nature of the allegations. The most common remedies are monetary in nature, otherwise known as damages, but declarations and injunctions may also be awarded.

  1. TYPES OF CIVIL ACTIONS

    Contract and Collections

    Contract law is the branch of jurisprudence that addresses the rights and obligations of parties entering into contracts.  Canadian contract law is rooted in the English common law tradition and principles of equity.  Parties must have the intention to enter into a legal relationship and be capable to contract with one-another through three main elements – offer, acceptance and consideration.  Our Civil Litigation group can assist you in drafting and negotiating various contracts, as well as ensuring that your rights and interests are protected.

    Construction Lien

    Corporate Disputes

    Landlord and Tenant Disputes (Residential & Commercial)

    We will represent you in Landlord and Tenant Board hearings and assist you in understanding your rights and responsibilities under the Residential Tenancies Act (RTA).  We can help you resolve a myriad of landlord and tenant issues, such as non-payment of rent, damage to property, and eviction proceedings.

    Alternative Dispute Resolution (ADR)

    Our Civil Litigation group can assist you in resolving disagreements short of litigation through alternative dispute resolution (ADR). Increasing caseload in the courts and the fewer costs associated with ADR processes have contributed to their rising popularity.  Individuals also prefer to resolve some disputes confidentially and often wish to have greater control over the selection of the individual or individuals who will decide their dispute, such as an experienced mediator.  Others wish to mend or maintain existing relationships and prefer to negotiate, rather than go to court.

    Mediation

    Negotiation

    Arbitration