What Makes for a Successful Court or Tribunal Proceeding?

Successful court or tribunal proceedings require a careful assessment of what the ‘optimal result’ is most likely to look like after a comprehensive inventory has been taken of the key court and tribunal tools: (1) available witnesses and real/documentary evidence, (2) current state of legislation & caselaw, (3) resources available to pursue case to end of the proceeding, (4) where sympathies of court or tribunal will likely fall based on best facts that can be advanced and a judge or hearing officer’s perception of what a ‘fair’ result might be, and (5) what types of result would be most useful to the client.
— Gordon S. Campbell

Why You Need to Act Diligently on any Court of Administrative Proceeding

While "talking" law can go on forever, through contact negotiations, exchanges of demand letters, or evaluation of likely outcomes, once someone pulls the trigger on litigation, strict time limits rules always kick into force. All litigation, whether it's before a court, tribunal or a board, has strict time limitations and burdens of proof for the facts and the law that need to be carefully assessed before filing a statement of claim, notice of application, or responding to an action or application brought against you, your business or your organization. 

If you're served with court, tribunal or board documents, you can't put off responding beyond the limit specific on the document (often only 20 days). Even if you can't get an appointment with a lawyer in that time, don't delay. File something so that you aren't "noted in default." Defaults can lead to very unjust results, as all the allegation mades and damages claimed may be found by a court or tribunal to be true, even if they aren't, because you never objected in a timely manner. 

Our Civil and Administrative Court, Tribunal and Board Services

In addition to our civil litigation practice areas mentioned elsewhere on this site of Appeals & Judicial Reviews, Business Litigation, Insurance Litigation, Property & Estates Dispute Resolution, and Small Claims, we also act for clients before Ontario and Federal administrative boards and tribunals, as well generally in the Ontario Superior Court of Justice and Federal Court, on all contested matters. This includes all Applications and Actions seeking damages, the return of property, the determination of property and other rights, and injunctive relief stopping objectionable activity or requiring action to happen. 

Further Reading on Litigation

Five Commandments for Cost-Effective Civil Litigation