A comprehensive reform of Ontario’s Rules of Civil Procedure is currently underway. The Civil Rules Review (CRR), initiated in January 2024, aims to modernize and streamline the civil justice system by enhancing procedural efficiency, reducing delays and costs, improving access to justice, and leveraging technology to support effective litigation management.
The review is being led by a Working Group composed of members of the judiciary, legal professionals, and academics. The project is structured into three phases designed to engage stakeholders and develop, refine, and implement substantive rule changes.
Phases of the Civil Rules Review
Phase 1: Scoping (January – May 2024)
During the first phase, the Working Group conducted targeted consultations with key stakeholders across the civil justice system. Based on these consultations and supplementary research, the Group identified priority areas for reform. A report outlining the Phase 1 findings and focus areas was subsequently released.
Phase 2: Study and Policy Proposal Development (June 2024 – June 2025)
The second phase involved the development of detailed policy proposals to guide rule reforms. A formal Consultation Paper was published, and the public was invited to provide feedback by June 16, 2025.
Phase 3: Approval and Implementation (July – December 2025)
The final proposals and draft regulations will be processed under the Courts of Justice Act. This phase includes the filing of approved regulations (with a target implementation date of December 2025 or earlier), public notification of changes to rules and forms, and the anticipated coming into force of the new rules early 2026.
Key Proposed Changes
1. Pre-Litigation Protocols (PLPs)
Mandatory pre-litigation protocols will apply to certain type of cases, including personal injury, debt collection, and disputes over the validity of testamentary documents. These protocols will require the early exchange of relevant documents and information, as well as a good-faith attempt to resolve the dispute before initiating legal proceedings.
2. Single Point of Entry
All civil proceedings will be commenced using a standardized, online fillable form applicable to both actions and applications.
3. Duty to Cooperate
Parties and their legal representatives will be subject to a general duty to act cooperatively throughout the litigation process.
4. Fixed Timelines
The revised rules will impose a fixed litigation timeline from the commencement of pleadings to the hearing date. All civil cases must reach a substantive hearing within two years of commencement, with designated procedural checkpoints along the way.
5. Adjournments
Adjournments will be granted only in exceptional circumstances, even when both parties consent. Penalties may be imposed for missed hearings or delays without adequate justification.
6. Easier and Expanded Service
Service by email will be expressly permitted as an alternative to personal service. A party must confirm receipt of service once they become aware of a claim, regardless of the method by which it was received. In addition, service will be deemed effective on any lawyer who communicates with the plaintiff on the defendant’s behalf regarding the matter, even in the absence of formal retainer or instructions to accept service.
7. Limitation Period Extension
The basic limitation period for bringing a civil action will be extended from two years to three years.
8. Curbing the “Motions Culture”
Procedural matters will be addressed at Directions Conferences without the need for full motion records. Formal motions will be reserved for substantive issues. There will be no inherit right to bring a contested motion; all such requests will be reviewed by a Directions Conference judge. That judge may decide the issue immediately, direct the parties to a further Directions Conference, or schedule a formal motion as appropriate.
9. Mandatory Case Conferences:
All cases will be required to have at least one case conference after the exchange of evidence, typically within one year of the claim being issued. A case conference will either be a “Scheduling Conference” if there are no interlocutory issues or a “Directions Conference” if there are outstanding issues regarding the process. Proceedings otherwise authorized to proceed by way of application will proceed directly to a “Directions Conference” to set a schedule
10. Mandatory Mediation
Mediation will become mandatory across Ontario for all civil cases. Pre-trial conferences will no longer include settlement discussions and will instead focus exclusively on trial management.
11. Streamlined Use of Expert Evidence
Each party will be permitted to retain only one expert per issue, unless the court grants leave for additional experts. Expert reports must be served well in advance of the Trial Management Conference to ensure adequate preparation and fairness.
In certain types of disputes—such as those involving property valuation—the parties may be required to jointly retain a single expert, unless compelling reasons are presented to justify the use of separate experts.
Where opposing experts are involved, they will be required to meet and confer prior to trial and prepare a joint report outlining areas of agreement and disagreement. An agreed-upon schedule for the exchange of expert reports, or a timetable for doing so, will be established at the Directions Conference
12. Introduction of a Paper Record+ Process Model
The new model eliminates the current summary judgment motion process and replaces it with the Paper Record+ Process, which will operate under two tracks. In Presumptive Summary Proceedings, which include matters involving largely legal issues or those brought under statutory frameworks, cases will proceed by way of written evidence alone. Judges will retain discretion to permit limited oral submissions or evidence where necessary. In Non-Presumptive Summary Proceedings, being more complex or fact-heavy cases, parties s may request to proceed under this model, but such requests will be reviewed and approved only at a Directions Conference.
13. Lower Threshold for Full Indemnity Costs
The proposed changes include a revision to the costs regime that lowers the threshold for awarding full indemnity costs. These costs, which are currently rare, would become presumptively available in situations where a party fails to raise a serious issue to be tried, where pleadings are struck, or where a proceeding is found to be frivolous, vexatious, or an abuse of process.
14. Up-Front Evidence Model
In the proposed model Oral discovery will be eliminated.
At the time pleadings are served, parties must also serve all documents referenced in those pleadings. Following the close of pleadings and within one year, additional disclosure must be provided include sworn witness statements, Affidavits of Documents, and a proposed timeline for the exchange of expert reports.
Requests for documents must be limited in scope and must follow the Redfern format, ensuring greater efficiency and focus. Written interrogatories will continue to be allowed but will be strictly limited in number to reduce unnecessary complexity and delay.
Conclusion
Public comments on the proposed forms were submitted by June 16, 2025. Following this consultation, the CRR intends to release its final proposal in July 2025, with the goal of filing approved regulations by December 2025. If these timelines are met, the new framework is expected to come into effect in early 2026. Once implemented, these reforms are anticipated to significantly transform the landscape of civil litigation in Ontario, improving efficiency, reducing delays, and enhancing access to justice for litigants
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