Law · Legal Information · Justice
 

Litigation

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

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.

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

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.

top