Television trials move fast and end with a dramatic surprise. A real civil trial is slower, more methodical, and usually much less theatrical. Witnesses answer careful questions about invoices and emails. Lawyers argue about whether a document can go in. The judge takes notes, and may not announce a decision for weeks or months.
Very few civil lawsuits reach this point, because most settle or end earlier. For the ones that do, trial can feel like the most intimidating part of the whole experience, and the people involved have often been living with the dispute for years. Knowing the order of events helps. So does knowing what your own role will be on the days you are in the courtroom.
This article gives general information about Superior Court civil trials in Ontario. It is not legal advice. Procedure varies with the track of your case, and with directions given by the trial judge and the court’s current practice directions, so your lawyer’s instructions come first.
The Road to the Courtroom
A case generally reaches trial in stages. After pleadings, documents, and discovery, a party sets the action down by serving and filing a trial record. A pre-trial conference is then held, usually before a judge who will not hear the trial. That judge can test each side’s position, give a candid view, and press settlement. Parties are expected to come prepared, and that often includes attending personally, with authority to settle.
If the case does not resolve, the parties move into trial scheduling and preparation. How and when a trial date is assigned depends on the local practice in the Central West Region, which includes Brampton, and on court availability. Your lawyer should be able to explain how a date gets set, and whether it may be a fixed date or a placement on a trial list. Dates can move, and a matter can still be waiting for a judge when the list begins.
Peel trials are generally heard at the courthouse at 7755 Hurontario St. Allow extra time for parking and security. Some steps, or even some witnesses, may proceed virtually or in a hybrid format, depending on the court’s practice directions and any order made in your case.
Judge Alone or Jury
Most civil trials in Ontario are heard by a judge sitting alone. A party can require a jury in many cases by delivering a jury notice before the close of pleadings, although some kinds of claims, such as those seeking an injunction or equitable relief, must be tried without one. Under simplified procedure, a jury is not available at all.
Civil juries in Ontario have six members. With a jury, the judge decides questions of law and instructs the jury, while the jury decides the facts and the damages, usually by answering written questions. Trials with juries take longer and raise additional arguments about what jurors may hear. A party may also ask the judge to strike a jury notice. In a non-jury trial, the judge decides everything.
Getting Ready: The Weeks Before
A big part of trial preparation is work you will not see, including legal research, witness scheduling, and binders of documents. You can help with several things.
Reread your own evidence. Transcripts from your examination for discovery matter a great deal. If you testify differently at trial, you can be confronted with the earlier answer, and the difference can seriously damage your credibility. Read it more than once, and tell your lawyer right away if something is wrong.
Review the key documents. You should know the timeline and the documents you will be asked about. You are not trying to memorize a script. You are refreshing your memory so you can tell the truth accurately.
Meet with your lawyer. A preparation session typically covers what you will be asked, how cross-examination works, and practical courtroom etiquette. Coaching about the substance of your answers is not permitted, but learning the process is.
Sort out the logistics. Arrange time off work, childcare, and parking, and work out who will be there. If you need an interpreter, tell your lawyer early. Do not assume a family member can step in, and don’t plan on the court sorting it out on the first morning.
Day One and Opening Statements
Dress as you would for a serious job interview. Arrive early, turn your phone off, and stand when the judge enters and leaves. The judge is addressed as “Your Honour” in Superior Court. The court staff will be there too: a registrar handles the exhibits and swears in the witnesses, and proceedings are recorded.
Before evidence begins, the lawyers and judge may deal with housekeeping and preliminary motions, such as whether a piece of evidence can be used, how long the trial will take, or whether a witness can be called out of order. Do not be alarmed if the first morning seems to involve very little action.
The plaintiff usually speaks first, with an opening statement that explains what the case is about and what the evidence will show. An opening is a road map, and it is not itself evidence. The defendant may open right afterward, or may wait until the start of the defence case.
The Order of Evidence
The plaintiff has the burden of proof and generally goes first. On most civil issues, the standard is proof on a balance of probabilities, meaning more likely than not. It is a lower standard than the criminal one, beyond a reasonable doubt.
Each witness goes through the same stages:
- Examination-in-chief. The party calling the witness asks open questions, without leading.
- Cross-examination. The other party tests the evidence, and leading questions are allowed.
- Re-examination. The first party may ask limited questions about new matters that came up on cross.
The plaintiff may also read in excerpts from the defendant’s discovery transcript as evidence. Documents go in as numbered exhibits, unless the parties agreed on a joint document brief. After the plaintiff closes their case, the defence presents its witnesses in the same way. A defendant may in some cases ask the judge to dismiss the claim at that point on the ground that the plaintiff has not made out a case, a step known as a non-suit motion. That step can carry consequences for the defendant, including whether they may still call evidence if the motion fails, so it is handled carefully. The plaintiff may then be allowed a limited reply to address anything new.
The court can order witnesses excluded from the courtroom until they testify, so that they do not hear and adjust to one another’s evidence. Rule 52.06 provides that this does not generally apply to a party or a witness who is needed to instruct counsel. If you are excluded, do not discuss the evidence with anyone who has testified or hear about it from them.
Expert witnesses come up in the same order, with one extra step: the judge must accept the qualifications and the scope of the opinion before it is given. A party’s own witnesses who may refuse to attend can be compelled by a summons, which is served with attendance money.
Giving Your Evidence
Testifying is the part people dread most, and there is no trick to it. The aim is to be accurate and credible. Judges decide cases by considering the documents and asking who can be believed, and small choices have a large impact.
A few suggestions that tend to help:
- Listen to the whole question. Pause, and answer what was asked.
- Say when you do not know or do not recall. An honest “I don’t remember” is much better than a guess.
- Concede the obvious. If a text you sent was angry, say so. Fighting a plain point costs credibility on everything else.
- Speak to the judge when giving a longer answer. A slower pace also helps with the notes and with any interpreter.
- Don’t argue or joke. Cross-examination can feel personal, but a lawyer may be testing how you react. Answer calmly.
- Stop if there is an objection. Wait for the judge to rule before you continue.
Once you start being cross-examined, you generally cannot speak with your own lawyer about your evidence until the cross-examination ends, unless the judge permits it. If this might run across a lunch break or overnight, your lawyer will explain what you may and may not discuss.
When Things Go Off Schedule
Trials often don’t run in a straight line. A witness may be stuck in traffic on Highway 410, a legal argument can use up an afternoon, or an urgent matter on the court’s list can take over the courtroom. A trial estimated at five days can overrun, and when it does, the remaining days may be scheduled weeks or months later.
Settlements also happen during trial, sometimes right outside the courtroom. Once parties have seen how the first witness fared, positions can change. Be ready to make decisions, and ask your lawyer about the costs position under any outstanding offers. A trial is not the time to stop listening to settlement proposals.
In a simplified procedure action, the format differs. Much of the direct evidence can be given by affidavit, followed by cross-examination, and the trial is usually limited in time under a trial management plan. It tends to be shorter, but the preparation has to be front-loaded, since your affidavits have to be right before you get to the courthouse.
Closing Arguments and the Decision
Once the evidence ends, each side makes closing submissions. Each lawyer ties the facts to the law, points out why a witness should or should not be believed, and addresses the damages. Written submissions may also be ordered, particularly after a long trial. In a jury trial, the judge then charges the jury on the law, and the jury retires to deliberate.
In a judge-alone trial, the decision is frequently reserved. The judge writes reasons, and this can take a while, sometimes many months in a complex case. Being told “judgment reserved” is entirely normal and says nothing about who won. The court will generally release the reasons to the lawyers. In a shorter or simpler matter, a judge may rule immediately from the bench.
Civil judgments are generally public, and many are published online. If privacy is a concern, talk about this early. Courts sit in public, and sealing or anonymity orders are hard to get.
Costs, Interest, and What Happens Next
Winning a trial is rarely the end of the matter. The judge will usually then address costs, often after written submissions. The general principle is that the losing party pays a portion of the winner’s reasonable legal costs, and the amount turns on factors listed in Rule 57.01, such as the complexity of the proceeding and the conduct of the parties. Offers to settle under Rule 49 can significantly change that calculation. Pre-judgment and post-judgment interest may also be added.
An appeal is possible, but it is not a second trial. Appeals generally focus on errors of law, and on palpable and overriding errors of fact. The deadline is short: generally 30 days from the order being appealed. The appeal route depends on the type of order and the amount involved. Final orders for $50,000 or less generally go to the Divisional Court, and most others go to the Court of Appeal. Costs issues can be different. Do not delay in getting advice if you are considering an appeal.
Collecting is a separate exercise. If the other side doesn’t pay, tools like garnishment and writs of seizure and sale may be needed. A settlement or judgment against a defendant who has no assets or insurance can be of limited practical value, which is one reason a realistic look at collectability should happen long before trial.
Going to trial tends to be expensive and emotionally draining, and the outcome isn’t guaranteed for anyone. It also serves a real purpose. Some disputes can only be resolved by a neutral decision-maker hearing the evidence, and clients often say that understanding the process in advance made it easier to bear.
If your dispute is heading toward trial in Peel, or you are weighing whether settlement makes more sense, a lawyer can give you a frank view of the evidence, the cost of each step, and the risk involved. You can read more about our civil litigation practice or get in touch to arrange a time to talk through your file.