Going to Trial

By the time you get to trial, your case has been going on for many, many years. You’ve gone through all stages of the litigation process, and you’ve reached a point where the parties are at an impasse, and there is not going to be a settlement.

What happens at trial?

A personal injury trial in Ontario will typically go on for anywhere between 3 and 6 weeks. As the plaintiff or injured person, you will usually testify as the first witness at trial.

A lot of thought goes into who will testify on your behalf. Your doctors will testify about your injuries. Your friends and family will testify about changes they’ve observed in your behaviour. Often times, your employer will testify.

What is to be expected from the defense?

One thing you can typically expect is a very aggressive and lengthy cross-examination. The defendants will also cross-examine all the other witnesses who testify on your behalf. And when your case is finished in chief, the defendants will present their own case and lead their own witnesses.

Fortunately, we get the opportunity, as plaintiff injury lawyers, to cross-examine those experts who have testified on behalf of the defense.

At the close of all of the evidence at trial, the lawyers for both sides will make closing arguments. Once that’s complete, either the judge or the jury will make its determination on the issues of the case.

Thomson Rogers LLP partner Stephen Birman has been recognized as a Certified Specialist in Civil Litigation by the Law Society of Ontario, is listed in the peer-reviewed publications – Lexpert® and ranked AV pre-eminent in Martindale-Hubbell ®. Stephen’s practice focuses on personal injury litigation and class actions. You can reach Stephen at 416-868-3137 or by email.