"Suing" someone is the process of commencing proceedings in Court. However, this process is not as simple as it seems. What every litigator should tell their client before commencing a legal proceeding is that the process is lengthy and can be very expensive.
By virtue of our legal system, a lawsuit can generally take up to two (2) years before any type of outcome. The process is long and arduous, and can become very procedurally expensive. The Small Claims Court was set up in Ontario to help alleviate the costs of litigation in Superior Court; however, there are still long waiting times and procedural issues in Small Claims Court.
In Ontario, there is a GENERAL limitation period of two (2) years from the date the claim was discovered. Keep in mind that there are exceptions to this general rule. A limitation period can prevent you from continuing a legal proceeding Every claim for $25,000 or less must be commenced in Small Claims Court. For other types of claims a proceeding must be commenced in another level of Court. It is very important that you contact a lawyer to discuss your matter to assess your claim.
Again, there are other ways to resolve a matter, whether it is through negotiation, mediation, or another type of alternate dispute resolution ("ADR"). Sometimes suing is not the best answer for you; and it becomes a question of the costs of litigation outweighing the potential benefits that you will receive.
If you have any questions about litigation, get in touch with us.