The Canadian legal system is a complicated and often overwhelming process to go through. This is especially the case when it is your first time navigating a claim. We at PJKJ Law know exactly how that feels, and that is exactly why we have written this article. To help give you some understanding and shed some light on our complicated legal system.  

Starting a Litigation: Statement of Claim

A Statement of Claim is the opening shot of a litigation. It is the first document, filed by the person bringing the claim (the Plaintiff) that sets out exactly who is being sued, what they are being sued for, and why, so that the person being sued (the Defendant) understands the basis of the claim.

Understanding the Onus of Proof

The onus of proof essentially means who must prove what happened in a lawsuit, which makes representing injured people so complicated. For success, we must bring forward enough proof to the courtroom to establish all issues of a lawsuit: Was a standard of a duty of care breached? Is the breach what actually caused the harm? What is the harm worth in real, monetary terms? It’s a detailed, step-by-step process that requires precision, expertise, and careful preparation, which is why having a team that knows how to navigate these challenges—and build a strong case from the ground up—can make all the difference!

Why Your Lawyer Isn’t a Clairvoyant (And Why That’s a Good Thing)

Lawyers may be skilled strategists, but nobody can predict exactly what a judge or jury will do. Our job is to build the case as effectively as possible and make sure your story is heard, while demonstrating the strength of your case in a way that encourages a fair resolution. It’s one of the biggest reasons so many lawsuits settle—once enough risk has been created on the other side; they become more willing to discuss resolving the claim.

Litigation: A Human Process

Litigation isn’t just paperwork and court dates, it’s a centuries-old, British common-law system designed to help people resolve disputes in a civilized way. It’s a human process, which means it may not always make sense on a case-by-case basis, but over time it has proven to be one of the most effective ways to bring structure, fairness, and accountability to society.

Looking for More?

These concepts are the foundation of every civil lawsuit, and understanding them can make your legal journey clearer, less stressful, and far more empowering. If you are looking to learn more, check out our other articles.

If you are navigating a matter of your own and looking for guidance, we are here for you! Let’s connect.