Elias Rabinovitch Law
Free Guide

Facing a civil dispute? Start here.

A Toronto civil litigation lawyer's plain-English guide for when you are suing, being sued, owed money, dismissed from a job, or served with an expropriation notice. What to do first, which court hears your matter, and the deadlines you cannot afford to miss.

Watch the deadline first

Most civil claims in Ontario have a two-year limitation period, and some deadlines are far shorter. If you have been served with a Notice of Expropriation, the window to request a Hearing of Necessity is only 30 days. Miss a deadline and a strong claim can be lost for good. If you are unsure how much time you have, call me at 647-547-6734 before you do anything else.

1Preserve every document

Civil cases are won and lost on the paper trail. Gather and back up everything connected to the dispute: contracts, invoices, emails, text messages, photographs, bank records, and notes of any conversations. Do not delete anything, even messages that seem unhelpful. Destroying relevant records can be held against you later.

Write a private timeline of what happened while it is fresh: dates, amounts, who said what, and who else was present. Keep it as a note for your lawyer.

2Do not sign or settle before you get advice

The other side, an employer, an insurer, a government authority, or a collection agency, will often push for a quick signature. A release, a severance offer, or a first settlement number is rarely the best you can do, and once you sign it is usually final.

Be especially careful with a severance package or a release from an employer, and with an expropriating authority's first compensation offer. Have it reviewed before you agree to anything.

Small Claims Court: up to $50,000

If the amount in dispute is $50,000 or less, your matter belongs in Ontario's Small Claims Court. As of October 1, 2025, that is the ceiling, raised from the old $35,000 limit. Small Claims is designed to be faster and more affordable than the Superior Court, but the rules, evidence, and deadlines are still real, and a well-prepared opponent will use them against you.

This is the right track for most unpaid invoices, unreturned deposits, contract disputes, and property damage claims. Read more on debt collection and civil litigation, or see my guide to collecting a debt in Small Claims Court.

Larger claims: the Superior Court of Justice

If your claim is worth more than $50,000, it proceeds in the Superior Court of Justice. These actions involve formal pleadings, documentary and oral discovery, motions, and potentially a trial. The stakes and the costs are higher, and so is the value of preparing the case properly from the start.

Larger contract disputes, shareholder and business disputes, significant debts, and professional or commercial claims run on this track. For a realistic picture of the process and cost, see what civil litigation actually costs and when it is worth it and my page on civil litigation. For strong claims, I can often act on a contingency fee, so there is no legal fee up front.

Expropriation: your land is being taken

If a municipality, Metrolinx, Hydro One, or the Province has served you with a Notice of Expropriation, you have rights under Ontario's Expropriations Act that go well beyond the first offer. The compensation you are owed can include the market value of the land, injurious affection to what you keep, business losses, and disturbance damages, heads of compensation that owners routinely leave on the table.

The 30-day window to request a Hearing of Necessity is the deadline most owners never hear about. Do not let it pass. Start with my page on expropriation and the guides on your rights when the government takes your land and the compensation owners most often miss.

Employment: dismissed or facing a workplace dispute

If you have been let go, the severance you are offered is often far less than what the law entitles you to. Statutory minimums under the Employment Standards Act are just a floor, and common-law reasonable notice can be considerably more. Do not sign the release to get the offer moving until it has been reviewed.

This applies to wrongful and constructive dismissal, unpaid wages and commissions, and discrimination or harassment that may also ground a human rights claim before the HRTO. Start with my page on wrongful dismissal and employment law.

If you have been served, respond in time

Being sued is not something you can ignore. If you have been served with a claim and do not respond within the time set by the rules, the other side can obtain a default judgment against you, and it can be enforced against your wages, bank accounts, and property. A response filed on time protects your right to defend.

Whether you are the one owed money or the one being pursued, the earlier a lawyer is involved, the more options you have to resolve the matter on sensible terms.

By matter type: where to start

Every dispute is different. Here is where to read more based on what you are facing.

Want to know where you stand?

Free, confidential consultation. I handle every file personally and, for strong claims, can often work on a contingency fee so there is no legal fee up front. The sooner we talk, the more options you have.

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