Steps in a Civil Lawsuit

All cases are different; not all will require every step outlined here.

  • Lawyer and client meet to exchange information
  • Documents are gathered, including any counselling records, psychological records, medical records, hospital documents, school records, income and employment information, etc.
  • Known witnesses are located and interviewed
  • Legal issues such as vicarious liability or insurance coverage are analyzed

The lawyer will:

  • Interview the client, counsellors, or physicians, or obtain written reports from them
  • Recommend whether a settlement should be negotiated or a lawsuit filed
  • Prepare the Statement of Claim
  • Review the Statement(s) of Defence
  • Prepare and exchange Affidavits of Documents with the other side
  • Attend with the client at examinations for discovery (each side is allowed to ask questions about what the other side is going to say at trial; these questions and answers are recorded and typed up into a transcript)
  • Conduct discovery examinations of the defendants
  • Go to court to argue any pre-trial issues ("motions")
  • Go to court for a pre-trial conference
  • Prepare for trial and/or settlement before trial
  • Prepare the client and witnesses for trial
  • Organize the preparation of exhibits for trial
  • Organize the preparation of demonstrative exhibits for trial
  • Prepare for and attend at mediation and/or settlement discussions
  • File briefs and motions with the court to eliminate surprises at trial
  • Take the case to trial in front of a judge and/or jury
  • Advise the client on issues for appeal

Date

Type

Title

Related People

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August 2022

Presentation

Confidentiality Agreements

Aug 2022 OTLA webinar 

Loretta P. Merritt

May 2022

Presentation

Sexual Assault Proceedings

John Howard Society Learning Session 

Loretta P. Merritt

May 2022

Presentation

Criminal and Civil Legal Proceedings

Abuse Hurts Hope Conference Series: LEARN

Loretta P. Merritt

May 2022

Article

The New Tort of Family Violence

Money & Family Law Publication

Loretta P. Merritt

January 2022

Article

NDAs and Gag Orders in Sexual Misconduct Cases

Loretta P. Merritt

December 2021

Presentation

Ontario Trial Lawyers – Women Lawyers Roundtable: Effective Business Development

November 2021

Presentation

The Psychologist as Expert Witness: Report Writing and Testifying

Ontario Psychological Association’s 74th Annual Conference

Loretta P. Merritt

November 2021

Article

Institutional Response to Disclosure of Sexual Abuse

Loretta P. Merritt

August 2021

Article

Privacy in Civil Sexual Assault Cases

Loretta P. Merritt

June 2021

Article

Summary of Ontario Class Actions for Historical Abuse

Loretta P. Merritt

May 2021

Presentation

Practicing in the Pandemic: The New Normal

OTLA Spring Conference

Loretta P. Merritt

April 2021

Presentation

Making the Most of Expert Evidence

OTLA Webinar

Loretta P. Merritt

March 2021

Article

Economic Losses in Civil Sexual Assault Cases

Torkin Manes LegalPoint

Loretta P. Merritt

February 2021

Presentation

Civil Sexual Assault: Critical and Emerging Issues

Osgoode Professional Development

Loretta P. Merritt

February 2021

Presentation

Mentoring

Torkin Manes

Loretta P. Merritt

February 2021

Presentation

Compensation and Financial Management

Torkin Manes - Justicia Committee

Loretta P. Merritt

January 2021

Presentation

Imposter Syndrome

Torkin Manes - Justicia Committee

Loretta P. Merritt

December 2020

Presentation

Financial Management of Your Practice

Torkin Manes

Loretta P. Merritt

December 2020

Article

Publication Bans: Do They Help or Hurt Abuse Survivors?

Torkin Manes LegalPoint

Loretta P. Merritt

December 2020

Presentation

Litigating Class Actions Claims Amidst Profound Change

12th Annual Class Actions Colloquium presented by the Canadian Bar Association

Loretta P. Merritt

October 2020

Presentation

Sexual Abuse: Developing a Claim for Vicarious Liability

OTLA 2020 Fall Conference

Loretta P. Merritt

July 2020

Presentation

Civil Sexual Assault - Practical Considerations - Civil litigation and other options beyond criminal charges

OTLA Webinar

Loretta P. Merritt

July 2020

Article

School Board Liability for Sexual Assaults by Teacher

Torkin Manes LegalPoint

Loretta P. Merritt

May 2020

Presentation

Girao v. Cunningham: Latest Word on Trial Evidence by the Ontario Court of Appeal

Torkin Manes

Loretta P. Merritt

May 2020

Presentation

Sexual Assault: Credibility and Memory Issues

OTLA Webinar

Loretta P. Merritt

Items 1 to 25 of 91

North York middle school teacher accused of sexually assaulting multiple students

by Jessica Horowitz | Feb 02, 2022
A North York middle school teacher Nathan Graham, 26, of Toronto has been arrested and charged in connection with the alleged sexual assault of multiple students this past fall.

A North York middle school teacher Nathan Graham, 26, of Toronto has been arrested and charged in connection with the alleged sexual assault of multiple students this past fall. Graham was employed by the Toronto District School Board  as a French teacher for Grade 6 and 7 students at Donview Middle Health and Wellness Academy when the alleged offences took place. Previously he worked for three years at Alexander Stirling Public School in Scarborough.

For more information, please visit CP24.

North York middle school teacher accused of sexually assaulting multiple students

by Jessica Horowitz | Feb 02, 2022
A North York middle school teacher Nathan Graham, 26, of Toronto has been arrested and charged in connection with the alleged sexual assault of multiple students this past fall.

A North York middle school teacher Nathan Graham, 26, of Toronto has been arrested and charged in connection with the alleged sexual assault of multiple students this past fall. Graham was employed by the Toronto District School Board  as a French teacher for Grade 6 and 7 students at Donview Middle Health and Wellness Academy when the alleged offences took place. Previously he worked for three years at Alexander Stirling Public School in Scarborough.

For more information, please visit CP24.