When people come to see me here in Peterborough, they rarely walk through the door saying, “I have a civil law matter.” They say things like, “Something wrong has happened to me, and I don’t know what to do about it.”
Maybe an estate has been mishandled. Maybe an organisation they care about has been damaged by people who were supposed to protect it. They know they have been wronged, but they are not sure whether the law can help.
I wrote this to explain that it can, and how.
Civil Law in Simple Terms
Civil law is the branch of law that deals with disputes between private parties. That might be two individuals, a person and a business, two organisations, or any combination. The defining feature is that it isn’t about crime. Nobody is being charged with an offence. Nobody faces jail time. Instead, one party is saying to another: “You wronged me, and I’m asking the court to make it right.”
The “making it right” part usually takes the form of financial compensation, though it can also involve a court order requiring someone to do something (or stop doing something). If a trustee has mismanaged an estate, if a director has breached their duties to a nonprofit, if a contract has been broken, those are all civil law matters.
How Civil Law Differs from Criminal Law
In criminal law, the government brings the case. A Crown prosecutor charges someone with an offence, and the standard of proof is very high: “beyond a reasonable doubt.” The penalties can include imprisonment.
In civil law, it is you who brings the case. You are the plaintiff. You file a claim, and you must prove your case on a “balance of probabilities,” which essentially means it is more likely than not that the other party did what you say they did. The remedy is almost always financial or equitable, not punitive in the criminal sense.
This difference is important because it means that many wrongs that are not crimes can still be addressed through the law. Someone who breaches a position of trust, mismanages funds, or fails to honour their obligations may never face criminal charges, but they can still be held accountable through civil law. That is what draws me to this area of practice.
Why Civil Law Matters to Me
I have spent my career thinking about justice, accountability, and the responsibilities people owe to one another. Before I practised law in Peterborough, I earned a PhD studying the intersection of law and conscience. I have argued cases before the Supreme Court of Canada. I have written about the role of law in protecting fundamental rights. All of that has shaped how I think about civil litigation.
What I have come to believe, deeply, is that civil law exists to uphold something essential: the idea that when someone wrongs you, the law gives you a way to seek redress. Not revenge. Not punishment for its own sake. But a fair accounting. An opportunity to stand before an impartial decision-maker and say, “This is what happened to me, and it wasn’t right.”
That is why I practise civil litigation. The people who come to me are often dealing with situations that feel deeply personal. An estate trustee who hasn’t done their job. A charity board that has lost its way. A fiduciary who has put their own interests ahead of the people they were supposed to serve. These aren’t abstract legal problems. They involve real harm to real people and real organisations that do good in our communities.
The Types of Civil Law Cases I Handle
My civil litigation practice in Peterborough is focused on a few areas where I believe I can do the most good:
Estate disputes and will challenges. When someone passes away and the administration of their estate goes wrong, civil law is the mechanism for sorting it out. Typical problems include a contested will, a neglectful trustee, or a dependant who has been left without adequate provision. These matters are deeply personal, and I handle them with the sensitivity and gravity they deserve.
Nonprofit and charity disputes. I have a particular passion for the nonprofit sector. These organisations exist to serve their communities. But when governance breaks down, when directors or officers fail in their duties, or when charitable funds are misused, the people who suffer are the very ones the organisation was created to help. My background in nonprofit law gives me a perspective on these disputes that most litigation lawyers don’t have.
Fiduciary and trust-based claims. When someone in a position of trust, whether a director, officer, trustee, or other fiduciary, breaches the duties they owe, civil law provides the tools to hold them accountable. These cases matter to me because they go to the heart of what it means to accept responsibility for others.
I do not practise family law litigation. That is a specialised area with its own courts, procedures, and expertise. There are excellent family lawyers in Peterborough who handle those matters.
What a Civil Lawsuit Looks Like in Ontario
If you have never been involved in a civil dispute, the process can feel unfamiliar. Here is a brief overview of what to expect.
It starts with a consultation. We sit down, you tell me what happened, and I give you an honest assessment: whether you have a viable claim, what it would likely cost, and what the realistic outcomes are. I will not sugarcoat things. If I think your case is strong, I will tell you. If I think it has weaknesses, I will tell you that too.
If we decide to move forward, I file a Statement of Claim with the Ontario Superior Court of Justice. The other side responds with a Statement of Defence. From there, the case enters discovery, where both sides exchange documents and answer questions under oath. This stage takes time, but it is where the full picture of the dispute comes together.
In many Ontario jurisdictions, mediation is mandatory before a trial date is set. A surprising number of civil disputes settle at mediation. If settlement is not possible, the matter proceeds to trial before a judge, who decides the outcome on the balance of probabilities.
The process typically takes between one and five years. I know that sounds like a long time, and it is. Litigation isn’t a quick fix. But for the right case, with the right facts, it can be the only way to achieve a just result.
A Note on Limitation Periods
If you believe you have a civil law claim, timing matters. Ontario’s Limitations Act, 2002 gives you a general window of two years from the date you discovered (or should have discovered) the issue to start a civil action. There is also an ultimate limitation period of fifteen years. If you are unsure whether your situation falls within those timelines, it is better to ask sooner rather than later. A missed deadline cannot be undone.
If You Have Questions
Whether you are in Peterborough, the Kawarthas, or elsewhere in Ontario, if you think you may be dealing with a civil law matter, I would welcome the chance to hear about your situation. Even if you are not sure whether litigation is the right path, a conversation can help you understand your options and make an informed decision.
Call our office at (705) 749-0628 to schedule a consultation, or visit us at 294 Rink Street, Suite 101, Peterborough. We are here to help.
Barry W. Bussey, PhD, is the principal lawyer at Bussey Ainsworth, Barristers & Solicitors, in Peterborough, Ontario. He practises civil litigation with a focus on estate disputes, nonprofit and charity governance, and fiduciary claims, and has argued cases before the Supreme Court of Canada.
This article is for general information only and does not constitute legal advice. Every situation is unique. Please consult with a lawyer before making decisions about your civil law matter.
