Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
At the end of the lawsuit
If all settlement attempts fail, then the case is set on trial. As rare as civil trials are in Ontario, they do happen.
Most civil trials are tried by a judge alone without a jury. A jury trial is allowed upon the parties request and if the matter is not too complex for a jury. Jury trials are a lot more time-consuming and much more expensive than trials by judge alone. Unlike criminal jury trials, many lawyers agree that there are few benefits in asking for a jury trial in a civil matter, even if the rules allow it.
After the trial, the judge will make an order as to the outcome of the trial. If the plaintiff wins the case, the defendant will have to pay the plaintiff according to the order; if the defendant wins, the case is dismissed, and the defendant owes the plaintiff nothing.
In Ontario, the winning party is entitled to recover their costs for the action (meaning: you should have settled!). The cost awarded is generally around 60% of the actual costs paid by the winning party. This serves as another incentive for the parties to settle their cases privately.
