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Litigation

A dispute is in 'litigation' ( or being 'litigated') when it has become the subject of a formal court action or law suit.

BC Law Couirts imageA dispute is in "litigation" ( or being "litigated") when it is the subject of an ongoing and formal court action or law suit.

In Re Kent, a 1982 British Columbia Supreme Court decision, cited as 139 DLR 3d 318, the Court adopted these words:

"The term litigation encompasses the act of carrying on a legal proceeding. A legal proceeding connotes the resolution by a judicial tribunal of an issue between two parties."

The participants - plaintiff, defendant, applicant, petitioner or respondent - are called litigants for so long as the trial is ongoing.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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