There are two major parts of the justice system in Canada that people often hear about: criminal justice and civil justice.
The criminal justice system deals with offences against the public or society. For example, assault, theft, fraud, or impaired driving. In these cases, the government, through the Crown prosecutor, brings the case against the accused person. The goal is usually accountability, punishment, deterrence, and public safety.
The civil justice system is different. It deals with disputes between people, businesses, organizations, or sometimes institutions. For example, someone may sue because of a contract dispute, unpaid money, property damage, negligence, or harm caused by another person. The goal is usually to resolve the dispute and, where appropriate, compensate the person who suffered a real loss.
I was recently at a conference where Ontario’s civil justice system was discussed. One of the key points was delay.
Ontario is a common law province. Common law means that judges do not only apply written laws passed by government. They also look at past court decisions and follow legal principles developed by courts over time. Other places, such as most of Canada, the United States, the United Kingdom, Australia, New Zealand, and Singapore, also use common law systems.
A jurisdiction simply means a place with its own legal system or court system. For example, Ontario is one jurisdiction, British Columbia is another, and the United States is another. So when people compare Ontario with other jurisdictions, they are comparing Ontario’s legal system with the legal systems in other places.
Compared to some other common law jurisdictions, Ontario’s civil litigation system can be very slow. A civil lawsuit can take years to move from the start of the case to trial. At the conference, it was mentioned that Ontario can be several years behind some comparable jurisdictions. I do not have the exact data to support every number discussed, but the broader point is clear: civil litigation in Ontario is often not a fast process.
This is a serious issue because justice delayed is justice denied.
A lot of work has been done, and continues to be done, to reform Ontario’s civil justice system. The goal is to make the system faster, simpler, and more accessible. The future will tell whether these reforms actually improve the system in a meaningful way.
This is something to keep in mind before starting litigation. Suing someone is not a quick process. It can be slow, expensive, and stressful.
And to actually get compensation, you usually have to prove more than just that something wrong happened. You have to prove that you suffered a real loss, that the other party was legally responsible, and that there is a remedy the court can order.
So before starting litigation, before suing anyone, think it through carefully.