Duhaime's Law Dictionary


Litigation Definition:

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

Related Terms: Litigation Privilege, Trial, Litigant, Litigation Loan, Ad Litem, Evidence

Bouvier called it:

"A contest, authorized by law, in a court of justice, for the purpose of enforcing a right."

BC Law Couirts imageIn Re Kent, a 1982 British Columbia Supreme Court decision, cited as 139 DLR 3d 318 (also published at 38 BCLR 216), 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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