Civil Litigation
Civil law is how people and organisations resolve disputes that are not criminal in nature. When a trust has been broken, a duty ignored, or a responsibility abused, civil litigation can be the right way to put things right. At Bussey Ainsworth in Peterborough, Barry Bussey helps clients across the Kawarthas and Ontario pursue justice through principled, honest advocacy.
Book a ConsultationWhat Is Civil Law?
Civil law covers disputes between individuals, businesses, or organisations where one party believes another has caused them harm or failed to meet a legal obligation. Unlike criminal law, which involves the government prosecuting offences against society, civil law is about private rights: broken contracts, disputed wills, fiduciary breaches, property claims, and similar matters. If you are searching for a civil law lawyer in Peterborough, Lindsay, Bobcaygeon, Lakefield, Apsley, Fenelon Falls, or anywhere else in the Kawarthas, this is the area of law that applies to your situation.
Our lead lawyer, Barry Bussey, enjoys working with people and helping them through their legal struggles. His approach is grounded in three simple commitments: he takes cases where the client has a just cause, where there is a reasonable prospect of success, and where the client has the means to see the matter through to a positive conclusion.
Read more: What Is Civil Law? A Peterborough Civil Litigation Lawyer Explains - Barry's plain-language guide to civil law in Ontario, how it differs from criminal law, and when to call a lawyer.
Read more: My Unusual Approach to Civil Litigation - Barry explains, in his own words, why he is selective about the cases he takes and how that benefits his clients.
Our Civil Litigation Practice
Barry's civil litigation practice is focused on disputes involving accountability, trust, and fiduciary responsibility:
Estate Disputes and Will Challenges
Contested wills, applications to remove estate trustees, passing of accounts, dependants' relief claims, and disputes over powers of attorney. These matters are deeply personal, and Barry handles them with the care, sensitivity, and seriousness they deserve.
Nonprofit and Charity Disputes
Governance failures, breaches of duty by directors or officers, misuse of charitable funds, and conflicts between boards and members. Barry's extensive nonprofit law practice gives him a perspective that most litigation lawyers simply do not have.
Fiduciary and Trust-Based Claims
When directors, officers, trustees, or other fiduciaries breach the duties they owe, whether through negligence, self-dealing, or dishonesty, Barry holds them accountable.
Barry does not practise family law litigation.
What to Expect
Barry is selective about the cases he takes on, and that selectivity benefits his clients. Because he accepts matters he believes in, his advice is always candid. If a case has weaknesses, he will tell you. If settlement is the better path, he will explain why. You will never have to wonder whether your lawyer is being straight with you.
He also recognises that clients often understand their own situation more deeply than anyone else, because they are the ones living through it. Barry listens carefully, respects his clients' perspective, and builds his strategy around what he hears and the evidence presented.
He expects clients to be forthright and honest. Everyone makes mistakes. That is to be expected. However, misrepresentation of the truth is not helpful. Every client must share all relevant information on the file to ensure there are no surprises and everyone is well served in the cause of justice.
Costs and Transparency
Litigation is expensive, and Barry believes you deserve to know that upfront. He is transparent about costs from the first meeting, bills monthly, and asks that retainers be replenished as the matter progresses. Failure to keep the retainers replenished means that he can no longer provide services. This structure lets him devote the time and attention your case needs without surprises for either side.
Barry takes on civil litigation to help clients obtain justice. He will only recommend proceedings when he believes they are truly in your best interests and have a real prospect of success.
Limitation Periods
If you are considering a civil law claim in Peterborough or anywhere in Ontario, timing matters. The general limitation period is two years from the date you knew or should have known about your claim. If you are unsure whether your situation falls within that window, contact us early so we can assess your options before a deadline passes.
The Civil Litigation Process in Ontario
If you have never been involved in a civil lawsuit, the process can feel unfamiliar. Here is a brief overview of how civil litigation works in Ontario:
Initial consultation. Barry reviews the facts of your situation, assesses whether you have a viable civil claim, and gives you an honest opinion on the strength of your case and what it will cost to pursue.
Pleadings. If you decide to proceed, a Statement of Claim is filed with the Ontario Superior Court of Justice. The other side responds with a Statement of Defence. These documents define the issues in dispute.
Discovery. Both parties exchange documents and answer questions under oath. This is often the longest stage of a civil case, but it is also where the real picture of the dispute comes into focus.
Mediation. In many Ontario jurisdictions, including those serving the Peterborough and Kawarthas region, mediation is mandatory before a trial date is set. Many civil disputes resolve at this stage.
Trial. If the matter does not settle, it proceeds to trial before a judge. Most civil trials in Ontario are heard by a judge alone, not a jury. The judge decides the outcome based on the balance of probabilities.
Frequently Asked Questions About Civil Law
Criminal law involves the government prosecuting someone for an offence against society, such as assault or theft. The standard of proof is "beyond a reasonable doubt," and penalties can include fines or imprisonment. Civil law, by contrast, deals with private disputes between people or organisations. The plaintiff must prove their case on a "balance of probabilities," and the typical remedy is monetary compensation or a court order requiring someone to do (or stop doing) something. If your dispute involves a broken contract, a contested will, a fiduciary breach, or property damage, it is almost certainly a civil law matter.
Civil litigation covers a wide range of disputes. At Bussey Ainsworth in Peterborough, Barry focuses on estate disputes and will challenges, nonprofit and charity governance disputes, fiduciary and trust-based claims, and breaches of duty by directors or officers. Other civil lawyers may handle personal injury, contract disputes, or debt collection. The common thread is that all of these are private disputes resolved through the court system rather than through criminal prosecution.
Most civil lawsuits in Ontario take between one and five years, depending on the complexity of the issues, the volume of documents involved, and whether the parties are willing to negotiate. Many cases settle during discovery or mediation without ever reaching trial. Barry provides realistic timelines during your initial consultation so you can plan accordingly.
Costs depend on the nature and complexity of your case. Civil litigation lawyers in Ontario typically charge hourly rates. Barry is transparent about costs from the first meeting, bills monthly, and requires retainers to be kept up to date so there are no surprises. At your initial consultation, he will give you a clear sense of what to expect financially before you commit to anything.
Under Ontario's Limitations Act, 2002, you generally have two years from the date you discovered (or should have discovered) the claim to start a civil action. There is also an ultimate limitation period of fifteen years. Some exceptions exist for specific types of claims. If you think you may have a civil law matter, contact a lawyer promptly to ensure you do not miss a deadline.
Yes, and most civil disputes in Ontario do settle before trial. Mediation, negotiation, and other forms of alternative dispute resolution are commonly used. In fact, Ontario courts require mandatory mediation in many civil cases before a trial date is set. Barry always considers whether a matter can be resolved without the cost and stress of a full trial, and he will tell you candidly whether settlement is in your best interest.
You have the legal right to represent yourself in Ontario courts. However, civil litigation involves complex procedural rules, strict timelines, and evidentiary requirements that are extremely difficult to navigate without legal training. Mistakes in procedure can weaken or even end your case. For any dispute involving significant money, property, or personal stakes, professional representation is strongly recommended.
Barry Bussey brings decades of legal experience and a deep commitment to principled advocacy. He is selective about the cases he accepts, which means every client receives his full attention and honest counsel. His background in nonprofit and charity law, wills and estates, and fiduciary matters gives him a perspective that few litigation lawyers in the Peterborough and Kawarthas region can match. Bussey Ainsworth holds a 5.0-star rating on Google, reflecting the care and integrity the firm brings to every file.
Contact Us
Call us at (705) 749-0628 to schedule a consultation about your civil law matter. We will review your situation, explain your options, and give you a clear assessment of what is involved.
Every Person Who Walks Through
Our Door Is Important to Us.
We'd love to hear from you. Give us a call or send us a message below.