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ommercial litigation in Ontario can be no jury trials, leading to lower legal fees. 6. Expedited Trial
Ctime-consuming and expensive, making it • Motions and pre-trial procedures are Trials under Simplified Procedure cannot
challenging for businesses to resolve disputes streamlined, ensuring efficient case exceed five days, reducing delays and costs.
efficiently. To streamline litigation for management.
moderate-sized claims, Ontario’s Rules of Civil 3. Mandatory Mediation – A Potential How a Commercial Litigation Lawyer Can
Procedure provide for Simplified Procedure Alternative to Trial Help
under Rule 76. Mediation is a required step under While Simplified Procedure is designed
This procedure is designed to reduce Simplified Procedure in certain to be more efficient, managing commercial
legal costs, limit pre-trial discovery, and jurisdictions, such as Toronto, Ottawa, and litigation still requires strategic legal
expedite dispute resolution for claims up to Windsor. Mediation often helps businesses guidance. A commercial litigation lawyer can:
$200,000. It offers businesses a faster and settle disputes faster, avoiding the • Assess whether Simplified Procedure is the
more predictable path to litigation while uncertainty of a court decision. right approach for your case.
maintaining access to the court system. 4. More Predictable Outcomes • Draft strong legal arguments to maximize
With shorter trials and limited procedural your chances of success.
Who Can Use Simplified Procedure? steps, businesses can have greater certainty • Negotiate settlements to resolve disputes
Simplified Procedure applies to: in the litigation process, enabling better risk before trial.
• Businesses with commercial disputes management and financial planning. • Advise on risk management, ensuring
valued at $200,000 or less (excluding compliance with procedural rules.
interest and costs).
• Breach of contract claims, Conclusion: Is Simplified
unpaid invoices, corporate Procedure Right for Your
disputes, and other business- Business?
related conflicts. For businesses involved
• Matters that do not require in contract disputes,
complex procedural steps such unpaid invoices, or other
as jury trials. commercial claims under
$200,000, Simplified
Who Cannot Use Simplified Procedure offers a cost-
Procedure? effective and efficient
• Certain claims, such as way to resolve disputes.
defamation or construction However, missteps in the
lien disputes, are excluded. process can weaken your
• Cases where injunctive relief case or limit your legal
or declaratory judgments are recovery.
required. A commercial litigation
lawyer ensures that your
Before proceeding under business’s interests are
Rule 76, a commercial litigation fully protected while
lawyer can assess whether taking advantage of this
this streamlined process is streamlined litigation
appropriate for your case. Steps in a Simplified Procedure Case process.
1. Filing a Statement of Claim If you are considering Simplified
Key Benefits of Using Simplified Procedure The plaintiff submits the claim with specific Procedure for a commercial dispute, contact
for Commercial Disputes details on the nature of the dispute and an Ontario commercial litigation lawyer to
1. Faster Resolution of Business Disputes damages sought. discuss the best legal strategy for your case.
Unlike traditional litigation, where cases 2. Defendant’s Response Call Us Toll-Free: 1 (866) 607-3689 or
can drag on for years, Simplified Procedure The defendant must file a Statement of Email: info@achkarlaw.com
speeds up the process by setting strict Defence within the prescribed timeframe.
timelines for each stage of the litigation. 3. Exchange of Key Documents
This helps businesses resolve disputes and Parties exchange relevant evidence, but full
focus on operations instead of prolonged discovery is significantly limited.
court battles. 4. Mediation (If Applicable)
2. Reduced Litigation Costs Parties participate in mandatory mediation
Under Simplified Procedure: in select jurisdictions.
• Discovery is limited, reducing the need for 5. Pre-Trial Conference
costly examinations. Encourages early settlement discussions
• Trials are time-restricted to five days with before trial.

www.lbmao.on.ca LBMAO Reporter - January-February 2025 21