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Serving Hamilton and the Greater Toronto Area on Ontario legal matters 905-525-0400
Lawrence J. Cohen, K.C.  |  Joshua S. Cohen Barristers & Solicitors  ·  Hamilton

Practice Area

Civil Litigation

Clear analysis and purposeful representation when a dispute puts your rights, property or business at risk.

Discuss a Civil Dispute

A civil dispute can begin with a broken agreement, an unpaid obligation, a disagreement over property or conduct that has caused financial harm. Whether you are considering a claim, responding to one or trying to avoid litigation, early advice can help you understand the evidence, deadlines, cost and practical choices.

Lawrence and Joshua advise plaintiffs and defendants in civil matters. We begin by identifying the legal issues and the result that matters to you. We then consider the most proportionate path: direct negotiation, a demand or response, mediation, an application, or litigation through the appropriate court process.

Matters we assist with

  • Contract and commercial disputes
  • Debt, payment and financial claims
  • Property and co-ownership disputes
  • Misrepresentation and breach of obligation
  • Claims involving individuals, businesses or organizations
  • Demand letters and responses
  • Applications and injunction-related issues
  • Small Claims Court and Superior Court proceedings
  • Mediation and negotiated resolution
  • Enforcement of judgments and settlement terms

If you are considering a claim

Before starting litigation, it is important to understand more than whether something unfair has occurred. A viable claim depends on the legal basis for relief, the available evidence, applicable time limits, the remedy a court can grant and whether recovery is practical.

We can review the history and documents, identify potential causes of action, assess the available remedies and help you decide whether a formal demand, negotiation or court proceeding is warranted.

If you have been sued

Court documents should not be set aside for later. Response deadlines can be short, and a failure to respond may have serious consequences.

We can explain the claim, preserve the immediate procedural position, identify available defences or counterclaims and develop a plan for the next stage.

Resolution and litigation

Settlement is not a sign that a claim lacks strength. In many cases, a negotiated result offers greater control over timing, cost and outcome. The value of a settlement depends on the evidence, risk, cost of continuing and whether the terms solve the underlying problem.

When a fair resolution is not available, we prepare the evidence and legal argument required to advance or defend the matter through the court process.

Our process

  1. Early assessment

    We review the relevant facts, documents, parties, deadlines and desired outcome.

  2. Strategy

    We identify the available legal routes, likely steps, evidentiary needs, risks and cost considerations.

  3. Focused action

    We take the next proportionate step, whether that is correspondence, negotiation, urgent relief or a court proceeding.

  4. Ongoing review

    As evidence develops and the other party’s position becomes clearer, we reassess the strategy and settlement options.

What to bring to the first meeting

  • Agreements, contracts or terms of service
  • Important emails, text messages and letters
  • Invoices, account statements or payment records
  • Photographs, reports or other supporting documents
  • Court documents already received or issued
  • A chronology of key events and dates
  • The full legal names of all parties

Common questions

What you can expect

  • A careful review of the facts and documents
  • Plain-language advice about available options
  • A strategy shaped by your priorities and the realities of the matter
  • Candid communication about process, risk and cost
Is there a time limit to start a civil claim?

Yes. Limitation periods can prevent a claim from proceeding if it is started too late. The applicable deadline depends on the nature of the claim and when it was discovered. Seek advice promptly rather than assuming a standard period applies.

Will my case go to trial?

Not necessarily. Many civil matters resolve through negotiation, mediation or another settlement process. Some require a judicial decision. The appropriate strategy depends on the evidence, the positions of the parties and the relief being sought.

Can legal costs be recovered?

A court may order one party to pay part of another party’s legal costs, but cost awards are discretionary and rarely reimburse every dollar spent. Cost exposure should be considered throughout the matter.

What is the difference between Small Claims Court and Superior Court?

The appropriate court depends in part on the value and type of relief sought. Ontario’s monetary limits and procedures can change, so the forum should be assessed using current rules and the circumstances of the claim.

Start with a clear conversation

Tell us what has happened, what concerns you most and what you need to decide. We will let you know whether the matter falls within our practice and discuss an appropriate next step.

Request an Appointment

Understand your position before the dispute moves further

Contact Lawrence or Joshua for an initial discussion about a civil claim or defence.

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