By: Jaclyn Holdsworth

The OBA may not be married to the new Rules of Civil Procedure as they’re currently proposed, but now is the time to speak up if you have comments or suggestions. As most Ontario lawyers are probably aware, the Rules of Civil procedure are being completely overhauled. Attorney General Downey and Chief Justice Morawetz launched the Civil Rules Review in 2024. The CRR’s mandate is to make civil court proceedings more efficient, affordable, and accessible. The Working Group is comprised of 14 individuals from the bar, the bench, and academia; many more professionals have contributed through sub-groups.

The phase 2 report (there are three proposed phases the project) was released in April, 2025, and contains the Working Group’s proposed reforms. The Working Group is accepting comments and suggestions on the reforms until June 16, 2025. If you’re thinking about sending in your thoughts, here are a few tips we pulled out of their report:

1. Early submissions (i.e., before June 16, 2025) are encouraged.
2. Your submission may be disclosable under the Freedom of Information and Protection of Privacy Act.
3. Fruitful submissions will understand the Working Group’s mandate.

The unassailable foundation of the proposal is that it is not an option to maintain the status quo. Small changes to the rules are insufficient to create the mandated changes. The Working Group (citing Chief Justice Wagner) and is pursuing “good justice for everyone, not perfect justice for a lucky few.” The Working Group already knows that the current system works for a select few and they expect those parties to be resistant to change. The Working Group has already completed a year of consultations.

In other words, the working group is not looking for submissions that protest the need for changes, or that critique the changes as ‘experimental.’ The Working Group makes a point of stating that ‘The core elements of the proposed reforms have been successfully implemented in other jurisdictions, including the U.K., Australia, New Zealand, and Singapore, as well as in various national and international arbitration models.’

4. Read the whole consultation paper before forming conclusions about any one part

The changes reflect a shift away from the use of motions and a change to a robust “up-front evidence model.” A few of the proposed changes include:

• A pre-litigation protocol for certain types of cases, notably personal injury claims, debt collection claims, and disputes about the validity of a testamentary instruments
• A single, online, form for all proceedings, whether previously commenced by Statement of Claim or Notice of Application
• No oral examinations for discovery
• A standard timetable, amendable on consent under some circumstances, that governs the exchange of pleadings, witness statements, affidavits of documents, and timetables for expert evidence
• Mandatory mediation in matters not proceeding on a summary basis
• Binding judicial dispute resolution for straightforward civil cases, where the parties consent
• Expert evidence reforms, e.g., pre-trial conferences for opposing litigation experts, joint litigation experts presumptively required for some issues including capacity determinations, codifying White Burgess.
• A ‘Delay Penalty’ for missed interim deadlines
• An exhaustive list of final orders that have a right of appeal without leave

5. If you identify a problem, don’t stop there – propose a solution, too.

If you have something to contribute, the Working Group’s report asks for comments and suggestions to be forwarded by email to Jennifer.Smart@Ontario.ca, by June 16, 2025.