Some things to think about:
Can you get legal help? Have you explored all options for getting legal advice? Even a single meeting with a lawyer may help. A lawyer can talk with you about your likelihood of success and can help clarify your questions about the law or the process. Check this list of free and low-cost ways to get legal help in Nova Scotia. Also, some lawyers in private practice offer help with just part of a case or there may be some wiggle room in terms of fees. Here is general information about how lawyers may charge for their work.
Is there another way to solve the dispute? Have you looked at other possible ways to resolve the issue? Here is information about working things out without court.
Are there time limits for starting a civil lawsuit for this particular issue? Have you missed them? Here is information about time limits. It is a good idea to speak with a lawyer if you aren't sure.
Do you understand the risks of going to court? Going to court is often the hardest way to solve disputes. Some things to think about:
- Court costs money. For example, there are filing fees. It costs $218.05 (plus law stamp $25+HST) to start a claim in the Nova Scotia Supreme Court, or $99.70 to claim less then $5000 in Small Claims Court. In some cases and if you have a low income you may be able to get the court fees waived. Find other court fee information, including information about fees that may be waived, here. Other expenses may include the cost of witnesses, experts, discoveries, photocopying, your time, etc.
- Costs if you lose. Could you be on the hook for some of the other side's costs if you lose (for example: some of their legal fees and out-of-pocket expenses)? Costs awards can range from a few hundred dollars to tens of thousands of dollars, depending on the case.
Your health and well-being. Your credibility may be challenged. Court is like a battle. If you are starting a lawsuit you must prove your version of the facts. There will be an emotional toll on you, your family, and friends. Going through a court process is stressful and may negatively affect both your mental and physical health
Court can take a long time. Are you prepared to spend evenings and weekends working on the case? Can you take time off work to go to court? The court process may take months to years.
Is there a legal basis (merit) for your claim and can you get legal help to figure that out?
Can you handle the workload? There are many steps along the way. Going to court: Doing a trial on your own is challenging, and people who go to court without a lawyer do not succeed as often as people who go to court with a lawyer representing them.