Bottom Line
On April 1, 2025, the Civil Rules Review ("CRR") Working Group released its Phase 2 Consultation paper ("Paper"), proposing comprehensive reforms to the Rules of Civil Procedure in Ontario. The CRR began in January of 2024, aiming to review and propose reforms to the Rules to increase access to timely and effective justice across the civil system in Ontario.
The Paper proposes wide scale changes that aim to address the current delays, costs, and complexities in the civil litigation system. In this article, we summarize the key proposed updates that will – if implemented – impact all litigants, including employers.
Interested parties can comment until June 16, 2025 by email to Jennifer.smart@ontario.ca. The Working Group then aims to have a finalized proposal in July of 2025, and draft regulations by the end of 2025. We can expect changes to civil litigation practice to come into effect in 2026.
Key Proposed Changes
As the Working Group recognizes the existing difficulties within the civil system, the Paper's proposed changes aim to dramatically overhaul the process by which civil cases are litigated in the Ontario Superior Court of Justice (though not the Small Claims Court). These changes are many. Below we summarize the key proposals:
- Proposed new rules will impose cost consequences for parties who breach the rules, and penalize parties making improper or wrong court representations;
- A new general duty will require parties to cooperate throughout the litigation process, specifically including engaging in meaningful pre-litigation discussions;
- A single, online form will commence any type of proceeding (whether an action or application);
- The rules on service will be changed to permit service by email combined with service by mail;
- Applications will go directly to a new Directions Conference, which will set a schedule for materials exchange and a date for a paper-based hearing;
- Other proceedings will now require upfront exchange of evidence, including sworn or affirmed written statements for all intended witnesses that will be the core evidence-in-chief;
- Document disclosure will also occur earlier and on a modified "reliance" standard, meaning that parties must produce documents upon which parties intend to rely as well as any adverse documents "known to be in their possession";
- Complete elimination of oral discoveries;
- A case conference following the exchange of evidence, either a One Year Scheduling Conference (for cases requiring less court involvement), or a Directions Conference (for cases requiring more, like those where a party seeks interlocutory relief or wants a summary, paper-based hearing);
- Judges will hold pre-trial "Trial Management Conferences" aiming to efficiently resolve evidentiary and pre-trial issues;
- Most motions will be either eliminated or handled in Dispute Management Conferences, instead of by formal motion;
- Proposed reforms for dealing with expert evidence include requiring joint or coordinated expert reports, and more active court management of expert evidence; and
- The new rules will emphasize compliance with rules and tighter timelines, with the goal of resolving or adjudicating matters within approximately two years of the start of the proceedings.
Takeaways
These proposed reforms represent a fundamental shift in litigation, requiring both litigators and their clients to adapt to stricter timelines, front-loaded evidence exchange (primarily written), significantly reduced motion practice, and enhanced judicial case management, all aimed at creating a more proportionate, efficient, and affordable civil justice system. While the shift to more written evidence will increase the cost of the early steps in the litigation process, this may be offset by the savings in the costs of motions and by the certainty of more expedient resolution or adjudication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
