Superior Court Litigation
Claims Above $50,000
Legal counsel and representation before the Ontario Superior Court of Justice under the Rules of Civil Procedure. Assisting corporations, business owners, and individuals with Rule 76 Simplified Procedure proceedings ($50,000 to $200,000) and general trial matters involving commercial disputes, breach of contract, and equitable claims.
Schedule a ConsultationRule 76 Simplified Procedure
Governing civil actions between $50,000 and $200,000. Provides structured dispute resolution through defined documentary discovery, capped oral examinations, and summary trial pathways under the Rules of Civil Procedure.
General Procedure & Trial Matters
Representation in commercial actions exceeding $200,000 or matters seeking equitable remedies. Counsel covers documentary production, multi-party examinations for discovery, interlocutory motions, pre-trial conferences, and trials.
Interlocutory & Injunctive Relief
Motion representation for interim orders where property or assets are subject to dispute, including Mareva injunctions, Certificates of Pending Litigation (CPL) for real property claims, and Norwich disclosure orders.
Ontario Superior Court Procedural Streams
| Procedural Feature | Rule 76 Simplified Procedure | Ordinary / General Procedure |
|---|---|---|
| Monetary Scope | Actions where the claim is between $50,000 and $200,000 | Actions exceeding $200,000, or where non-monetary relief is sought |
| Examinations for Discovery | Limited to a maximum of 3 hours per party | Up to 7 hours per party under Rule 31 (unless varied by agreement or court order) |
| Interlocutory Motions | Substantially restricted; summary judgment motions are unavailable | Interlocutory motions permitted under the applicable Rules of Civil Procedure |
| Trial Format | Heard without a jury; structured summary trial format using affidavits and limited examination | Trial before a judge alone or judge and jury; full oral testimony and cross-examination |
| Cost Principles | Subject to specific Rule 76 cost rules if a claim falls within lower thresholds | Costs determined in accordance with judicial discretion and Rules 49 and 57 |
Commercial Dispute Matters Handled
Commercial Contract Disputes
Legal advice and advocacy in disputes involving commercial agreements, supply contracts, master service agreements, equipment leases, and vendor payment defaults.
Shareholder & Corporate Governance Disputes
Counsel regarding oppression remedies under the Ontario Business Corporations Act (OBCA) and Canada Business Corporations Act (CBCA), board deadlocks, and director liability issues.
Commercial Real Property & Tenancy Disputes
Representation involving commercial lease interpretations, distress proceedings, lease termination claims, and motions for Certificates of Pending Litigation (CPL).
Enforcement of Judgments
Assistance with post-judgment enforcement procedures, including Writs of Seizure and Sale, garnishment of funds, and judgment debtor examinations.
Stages of Superior Court Civil Litigation
Pleadings
Drafting, issuing, and serving Statements of Claim, Statements of Defence, Counterclaims, and Crossclaims outlining legal claims and defenses.
Discovery
Exchanging formal Affidavits of Documents and conducting oral Examinations for Discovery to evaluate documentary and witness evidence.
Mediation & Pre-Trial
Attending mandatory mediation where applicable (e.g., Rule 24.1 in Toronto) and participating in pre-trial settlement conferences before a judge.
Trial & Disposition
Presentation of oral and documentary evidence at trial, followed by formal cost submissions and procedural judgment implementation.
Frequently Asked Questions
What is the monetary threshold between Small Claims Court and Superior Court?
The Ontario Small Claims Court possesses monetary jurisdiction up to $50,000. Civil actions where the claim exceeds $50,000, or where equitable remedies such as injunctions or declarations are requested, fall under the jurisdiction of the Ontario Superior Court of Justice.
When is Rule 76 Simplified Procedure mandatory?
Rule 76 is mandatory for actions in the Superior Court of Justice where the claim is exclusively for money, real property, or personal property valued at $200,000 or less, excluding interest and costs. Certain statutory actions are exempt from this stream.
What limitation periods apply to civil claims in Ontario?
Under the Ontario Limitations Act, 2002, a general basic limitation period of two years typically applies from the date the claim was discovered. Specific statutory exceptions exist, and determining discovery dates requires careful legal review.
How are legal costs allocated in Ontario civil proceedings?
Costs are awarded at the discretion of the court pursuant to Section 131 of the Courts of Justice Act and the Rules of Civil Procedure. Generally, courts award partial indemnity costs to the successful party, while substantial indemnity costs are reserved for specific circumstances or where formal Rule 49 settlement offers are relevant.
Legal Disclaimer: The information provided on this page is for general educational and informational purposes only and does not constitute formal legal advice. Initiating or defending civil actions in the Ontario Superior Court of Justice involves strict procedural timeframes and evidentiary rules. Transmitting electronic communications or reviewing this page does not establish a lawyer-client relationship. For legal advice regarding your specific dispute, schedule a consultation with Ahlawat Law PC.