Guides · Civil Litigation
Litigation and Dispute Resolution in Toronto
In Toronto, most lawsuits are pushed to mediation before they ever reach a courtroom. How the system works, what your claim size changes, and when to hire a litigation lawyer.
Most people picture a lawsuit ending in a dramatic day in court. In Toronto, the system is built to keep you out of the courtroom. Most civil disputes here are pushed into mediation early, long before any trial, and the size of your claim decides how expensive and formal the whole thing gets. Understanding both of those before you file, or before you respond to being sued, will save you money and set realistic expectations. This guide covers how a Toronto dispute actually moves and when to bring in a litigation lawyer.
In Toronto, most lawsuits go to mediation first
This is the piece that surprises people. Under Rule 24.1 of the Rules of Civil Procedure, most civil (non-family) lawsuits in Toronto must go to mandatory mediation. Only three places in Ontario have this rule: Toronto, Ottawa, and Windsor. A neutral mediator sits down with the parties and helps them try to settle. The mediator does not take sides, does not decide who is right, and cannot impose an outcome. It happens early, within 180 days of the first defence being filed, and a session runs up to three hours.
The point of the rule is to get people talking before they have spent a fortune on a trial, and it works often enough that you should expect your dispute to have a real chance of ending here. Some cases are exempt, including construction lien actions (other than trust claims), insolvency matters, class actions, and cases on Toronto's Commercial List. For everyone else, mediation is not optional.
Before you sue: the ladder of options
Litigation is the last rung, not the first. In rough order of formality and cost:
- Negotiation. You or your lawyers try to resolve it directly. Cheapest and fastest when it works.
- Mediation. A neutral helps you reach your own settlement. Non-binding unless you sign an agreement.
- Arbitration. A private decision-maker hears the dispute and issues a binding decision, often faster and more private than court.
- Litigation. A court decides. Most powerful, most public, most expensive.
A good litigation lawyer will tell you honestly which rung your dispute belongs on, rather than reaching for a statement of claim on day one.
How big is your claim? That decides everything
The dollar value of your claim puts it on one of three tracks, and the track sets the cost and the procedure.
- Small Claims Court: up to $50,000. As of October 1, 2025 the limit rose from $35,000 to $50,000. This is the fast, low-cost forum, designed so people can represent themselves. Toronto's Small Claims Court is at 47 Sheppard Avenue East.
- Simplified Procedure: over $50,000 up to $200,000. A streamlined Superior Court track (Rule 76). Most of these cases have no jury, and the costs a loser can be ordered to pay are capped at $50,000, with disbursements capped at $25,000. That cap is a real protection against a runaway bill.
- Ordinary Superior Court: over $200,000. The full process, with complete discovery and no cost caps. The most thorough and the most expensive.
If your dispute is close to a threshold, the choice of track is worth a conversation with a lawyer, because it changes your exposure.
Where your case is heard in Toronto
For a Superior Court civil case, the main trial and filing office is at 330 University Avenue. A related court, the Associate Judges' court at 393 University Avenue, handles construction liens, motions, and pre-trials. Small Claims matters are at 47 Sheppard Avenue East. And if your fight is with a government body or tribunal, the Divisional Court, which hears those appeals and judicial reviews, sits at Osgoode Hall, 130 Queen Street West.
What will it cost?
Honestly, it depends, and anyone who gives you a firm number before understanding your case is guessing. What Ontario does give you is a system that is supposed to keep the cost in proportion to what is at stake. The rules require the court to aim for the least expensive determination of a case, and the cost caps in Simplified Procedure are a concrete example of that principle at work. When you meet a lawyer, ask for a candid estimate of the range, ask how they bill, and ask whether limited-scope help, where you hire them for one part and handle the rest, makes sense for your matter.
When to hire a litigation lawyer
You can run a small, simple claim yourself, and Small Claims Court is built for that. Bring in a litigation lawyer once real money, a business relationship, or a complicated set of facts is on the line, and certainly before you respond to a claim that could cost you. A litigation lawyer assesses the strength of your position, handles the mediation and the procedure, and tells you when to settle and when to hold. In Toronto, Zel Law, a civil-litigation firm, is one firm that handles litigation and dispute resolution, and it is worth speaking with a few options before you commit.
Find a Toronto litigation lawyer
You can browse the 910 civil-litigation firms in our Toronto directory as of September 2026 and shortlist a few whose experience matches your dispute.
Civil Litigation & Dispute Resolution firms in City of Toronto
Zel Law is a civil litigation firm in Toronto that helps individuals and small businesses resolve real estate, business, and estate disputes across Ontario. The practice covers real property and real estate disputes, …
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Wills, Estates & TrustsA. Shawn Richard Family and Estate Law (ASR Law) is a Toronto litigation boutique that practises family law and estates litigation. The firm uses negotiation, mediation, and arbitration as well as litigation to resolv…
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A&O Shearman is a global law firm formed in 2024 through the merger of Allen & Overy and Shearman & Sterling. It has nearly 4,000 lawyers worldwide, including offices on the U.S. east and west coasts, in Texas, Chicag…
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AAA Law LLP is a Toronto law firm offering trial and litigation, family law, and Canadian immigration services, along with employment law, personal injury, and criminal defence work. It was founded by Abdalla Ali Al-B…
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Aaron Meng Law Professional Corporation is a Toronto-based litigation firm established in 2018, with a foundation in corporate, commercial, and real estate law. It represents individuals and businesses across the Grea…
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Abel Law is a full-service law firm with offices in downtown Brampton and Etobicoke, serving the Greater Toronto Area. It practices family and divorce law, and general practice areas including real estate, wills and e…
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Frequently asked questions
Do I have to go to mediation before trial in Toronto?
For most civil lawsuits, yes. Toronto is one of three Ontario jurisdictions where Rule 24.1 requires mandatory mediation, usually within 180 days of the first defence. A neutral mediator helps you try to settle; they do not decide the case. Some matters, like construction liens and class actions, are exempt.
What is the most I can sue for in Small Claims Court?
$50,000, as of October 1, 2025 (up from $35,000). If your claim is larger, it goes to the Superior Court, either under the Simplified Procedure for amounts up to $200,000 or the ordinary procedure above that.
How much does a lawsuit cost in Toronto?
There is no set figure; it depends on the track, the complexity, and how hard the other side fights. The Simplified Procedure cost caps ($50,000 in costs, $25,000 in disbursements) give some protection in mid-sized cases. Ask any lawyer for an estimated range and whether limited-scope help would lower your cost.