October 15, 2026

New Guide: Litigating in Ontario, What U.S. Counsel Need to Know

Our new guide explains how a civil action moves through Ontario's Superior Court of Justice, and the differences that most often surprise U.S. lawyers.

U.S. lawyers who take on a matter in Ontario find that the pleadings look familiar. Almost everything after them works differently: discovery is narrower, juries are rare, and the loser usually pays a share of the winner's legal costs.

We have published a guide for U.S. counsel that sets out how a civil action moves through Ontario's Superior Court of Justice, and flags the points where U.S. assumptions most often lead clients astray.

Read the guide: Litigating in Ontario: What U.S. Counsel Need to Know

What the guide covers

  • How Canada's court system is organized, and why most commercial disputes are heard in the provincial superior courts
  • Ten differences between U.S. and Ontario practice, side by side, from the scope of documentary discovery to the deemed undertaking that limits the use of discovery evidence in parallel proceedings
  • The stages of an ordinary Ontario action, from statement of claim to trial
  • Costs scales and Rule 49 offers to settle, and how they change the economics of settlement
  • Small Claims Court, the simplified procedure, appeals, class actions, limitation periods and anti-SLAPP motions
  • Where Ontario's civil rules reform stands
  • A seven-point checklist for U.S. counsel

The guide is current to October 12, 2026.

We regularly act as Ontario counsel for law firms outside Canada. If you have a client with a matter here, see how we work with foreign counsel.

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