The first step in a lawsuit is called an originating process. A lawsuit can be commenced by a statement of claim, a notice of application, or a petition for divorce, depending upon the type of lawsuit being commenced. Each of these originating processes sets out a clear, succinct recital of the facts and issues relevant to the lawsuit. An originating process that is carefully and thoughtfully prepared will provide a distinct impression that your lawsuit is a good one. The originating process is the platform upon which everything that follows will stand. A discussion with a lawyer will help you decide the strength of your lawsuit and the appropriate originating process.

If you have been served with an originating process; a statement of claim, a notice of application or a petition for divorce, what should you do?

Upon service or receipt of any legal documents, you should mark down the time and date and then read over the documents carefully. On the documents you will find either a date for your first court appearance or you will be informed of a time limit for your response or defense. You should then call a lawyer. If you want to defend the lawsuit, you will have to file responding materials denying all untrue allegations in the originating process and setting out your version of the facts and issues. A clear and carefully crafted defense will form the backbone of your lawsuit and will make the job of defending yourself against the allegations much easier.

If you become involved in a lawsuit, you may wonder what are the steps involved in getting to the end of the lawsuit.

The numerous steps in a lawsuit are necessary to ensure a full and fair hearing of the matter in dispute. The initial step is the filing of pleadings; which are statements setting out all parties' allegations in the lawsuit.
The next step is the discovery process, where each party must reveal the documents and other evidence they intend to rely upon. The next step is a pre-trial conference where both parties meet with a judge to discuss the likely outcomes of the case and discuss realistic settlement possibilities. The final stage in a normal lawsuit is the trial, where both sides put forth all the evidence to a judge who then makes a binding decision, subject, of course to an appeal.

During the process of a lawsuit, how do both sides come to fully understand the issues and facts that are relevant to the suit?

One of the basic purposes of the rules that govern the litigation process is to ensure complete discovery of each side's case prior to trial. This facilitates settlement and makes the trial as fair as possible. A party to a lawsuit must disclose all documents relating to any matter in issue in an action. Parties must also be available for an oral examination where they must answer, truthfully, the question put to them. During the discovery you not only find out details of the opponent's case, but also obtain admissions and commit the parties to their testimony.

You have seen the drama that unfolds in a trial setting on television and in the movies. Do Ontario courts work in he same way?

The excitement of a television or movie trial is misleading in comparison to reality. The revealing admissions that break a case rarely if ever happen. The process of trial is that each party presents their evidence to an impartial judge, who then makes a decision based on that evidence. The lawyers for the parties will make an opening statement and then the witnesses are examined and cross-examined orally.
Legal counsel for the parties then make closing statements. Although the process seems very simple, complexities arise when expert witnesses are brought forward or witnesses contradict each other. The judge then decides who is telling the truth, what happened, and who wins and loses.