“Status Quo Is Not an Option”: Phase 2 Consultation Paper Published for Ontario Civil Rules Review

On April 1, 2025, the Civil Rules Review (CRR) Working Group published its Phase 2 Consultation Paper (Paper) outlining its proposed framework for revamping Ontario’s Rules of Civil Procedure (Rules). If implemented, this new framework will result in significant changes to the civil litigation process in Ontario.

While the proposed framework is not final, the CRR states that it began from the premise that “the status quo is not an option,” and notes that minor adjustments will not lead to meaningful improvements in the Ontario civil justice system. The CRR has invited comments on the Paper by June 16, 2025. After this consultation, the CRR aims to deliver a final proposal in July 2025 with a target date of December 2025 for approved regulations to be filed. If these timeframes are met, the new framework could come into force in early 2026.

Background

In fall 2023, Chief Justice Morawetz of the Ontario Superior Court of Justice and Attorney General Doug Downey announced the launch of the CRR to develop proposals for reforming the Rules. The CRR’s mandate is to identify areas where targeted changes would increase efficiency and access to justice, reduce complexity, costs and delay, maximize court resources, and leverage technical solutions. The CRR released its Phase 1 Report identifying potential areas of reform in May 2024.

Key Changes to Civil Litigation Process

In the Paper, the CRR proposes sweeping changes to the Rules that would fundamentally transform civil litigation in Ontario. The proposed framework would apply to all civil cases in the Ontario Superior Court of Justice, except for the Small Claims Court, and with modifications to certain specialized proceedings, such as bankruptcy or class proceedings.

The Paper proposes that cases will be assigned a scheduling conference date approximately one year after a claim is issued to schedule a trial management conference, mandatory mediation and trial date. Claims requiring more court involvement will attend a directions conference to address outstanding issues (replacing the current motions process). The goal is for the trial to commence within two years of the issuance of the claim.

The key proposed changes to the civil litigation process in Ontario include the following:

• The Rules will include principles expressed as “Goals” to be achieved in all civil proceedings. Parties and their lawyers will have a statutory duty to cooperate with each other to achieve the Goals.
• Pre-litigation protocols will be required for certain cases, including personal injury claims and debt collection claims. These protocols would require the early exchange of information and certain documents, as well as require parties to make an effort to resolve their disputes before litigation.
• To promote the introduction of pre-litigation protocols, the basic limitation period for civil actions under Ontario’s Limitations Act, 2002 will be increased from two to three years.
• Claims will be commenced by a single fillable, online standard claim form to simplify the process of initiating a claim and ensure that essential information is included in the claim.
• Defendants will be required to confirm acceptance of service whenever a claim comes to their attention and to avoid placing an undue burden on the claimant regarding service. Email will be included as an alternative to personal service of a claim.
• Oral examinations for discovery will be eliminated in favour of an “up-front evidence model.” After the close of pleadings, parties would be required to exchange sworn or affirmed witness statements of all the witnesses they intend to call at trial.
• Parties will be required to disclose documents on a “modified reliance-based standard”: they must disclose any documents on which they intend to rely at trial, as well as any “adverse documents” known to be in their possession.
• Supplementary disclosure will be available through document production requests in a Redfern Schedule (a format regularly used in arbitrations) and through limited written interrogatories.
• A standard format will be introduced for expert reports, and opposing experts will be required to confer before trial. The presentation of evidence at trial will also be re-sequenced such that all fact witnesses on both sides will testify prior to introduction of expert evidence.
• The court will have authority to order the use of joint litigation experts, either at the request of a party or on its own initiative.
• After the exchange of evidence, parties will attend the one-year scheduling conference to set a date for a dispositive hearing and steps leading up to it. Claims requiring more court involvement, including those involving interlocutory relief or requesting a summary, paper-based hearing, will instead attend a directions conference.
• The claimant shall have the right to discontinue all or part of an action at any time, subject to the defendant’s ability to seek costs.

The proposed framework also includes changes to the rules regarding costs. For example, proposals include requiring a defendant who breaches its service-related duties to pay up to C$2,500 in costs and granting presumptive entitlement to costs on a full indemnity basis in several instances, such as where a party’s pleading is struck in its entirety as being frivolous, vexatious or an abuse of process, or a party is found to have engaged in egregious conduct. The court will also have discretion to depart from costs presumptions or decline to make a costs order where a party did not conduct litigation in accordance with the Goals or breached the duty to cooperate.

Takeaway

The Paper proposes a complete overhaul of the civil litigation process in Ontario. While these changes are not final, it is likely that the ultimate regulations proposed in Phase 3 of the reform process will result in significant changes to civil litigation in Ontario.

For more information, please contact the authors or any other member of our Litigation & Dispute Resolution group.