Note: You must try to go through the internal process to attempt to resolve the issue before involving the Human Rights Commission or any court. Employers often prefer to settle matters quickly and quietly without going to court. Trying to resolve things independently shows you’ve made a good-faith effort before escalating the issue.
Deciding to file a civil lawsuit is a big step and not one to take lightly. While it can offer a way to seek remedies for harm done to you, it is also a challenging process that may add emotional and financial stress to an already difficult situation. For many, it should be viewed as a last resort after other options have been explored.
Before starting a lawsuit, it’s essential to get legal advice from a lawyer. They can help you understand your rights and explore all possible options. A lawyer will also help you decide whether a civil lawsuit is the best path forward or if another approach might better suit your situation.
Taking time to prepare and organize your case can make the process smoother if you do choose to proceed. However, always remember that legal actions take time, patience, and support. Seeking guidance early can ensure you’re making the best decision for your unique circumstances.
We strongly recommend speaking with a lawyer when considering filing a civil suit. Click here for information on how hiring a lawyer works and advice on how to find a lawyer.
What is a civil suit?
A civil lawsuit is when a person, group, or business sues another. In a civil lawsuit, you ask for something to make up for the harm done to you.
Civil cases are different from criminal cases.
In a civil lawsuit, you get a remedy for harm. In criminal cases, someone is charged with a crime against society, as defined by the Criminal Code of Canada. In criminal cases, a person can be found guilty, but this doesn’t happen in civil cases.
Is a civil suit right for me?
Starting a civil suit can be a long, traumatic, difficult process to navigate. It requires organization, diligence, self-advocacy, patience and much support to get through a civil lawsuit. It is not always the best option for everyone. Check out our information on self-care and support services for more information to assist you in taking care of yourself during the process.
It’s important to speak with a lawyer when considering your options. They will let you know if you are best positioned to proceed with a civil suit. Continue reading “What should I do to prepare,” for tips on how to prepare before meeting with a lawyer. Click here for information on how hiring a lawyer works and advice on how to find a lawyer.
What should I do to prepare?
It’s important to speak with a lawyer when starting a civil lawsuit. Filing a lawsuit can be complicated and stressful. Legal advice from a lawyer can help you understand your case better and set your goals. Click here for information on how to find a lawyer.
Before talking to a lawyer, organize your documents and timelines. This will help you use your time well with the lawyer and build your story clearly and concisely.
Tip: It helps to make a binder like you’re telling your story. Keep documents in order by date, use page protectors, and label everything with page flags or dividers.
Here’s how you can organize everything:
1. Make a Timeline: Write down the dates and times of important events. Include any documents or messages and where you saved them. This helps you see what happened when. Click here for a timeline template.
2. Collect Documents and Evidence: Gather all your important documents, emails, and screenshots. This would include any documentation you may have engaged in during any complaint process. Save them safely and make backup copies. Name the files clearly so you can find them easily. Click here for a document tracker.
3. List Your Witnesses: Write down the names, contact details, and what they saw or know about your case. Link them to your timeline if you can.
4. Identify How You Were Wronged: Look at your timeline and documents. Find out which laws or rules apply to your situation. Click here for more information on legal research.
5. Write a Summary: Write 3-4 sentences explaining how you were impacted and harmed.
