Ontario Superior Court of Justice Trials

How to Settle a Lawsuit – for Fair Value

We are told that “most cases settle”.

This conventional wisdom overlooks the fact that many lawsuits are settled for little or no value.

No one says that “most cases settle for fair value“.

Here is how to settle a case for fair value:

  1. Value the claim – this involves looking at liability, damages, costs, collection and advocacy.
  2. Assemble the claim – get the case to a stage where settlement is appropriate. This may require pleadings, discoveries, experts, etc. A demand is often insufficient or does not yield fair value. Few defendants offer fair value at the outset.
  3. Settle the claim – settlement requires all parties to be realistic about the value of the case, good communication and an exchange of offers. Ultimately, a settlement agreement is a contract to resolve a case.
  4. Trial – preparing a case for trial is important to getting fair value in a settlement. The willingness to do the work and follow through on trial is important to fair value.

Many of these concepts are discussed in greater detail in discussions about the VAST Claims Methodology and the 6 Trial Fundamentals.

Trial Resources

Resources by a trial lawyer, available online:

Trial Book Trial Manual Trial Checklist Trial Forms

Trial Services

If you would like legal advice from an experienced trial lawyer:

Check out our Services Consult Trial Counsel


This website and all resources are trial information, not trial legal advice.

Copyright Notice ©

The content of this website including all trial resources are © copyright. For permission to reproduce part of the website and/or trial resources please contact us.  Feedback and topic suggestions are welcome.  Thank you.