Proposed changes to the Ontario Rules of Civil Procedure

Ontario’s Civil Rules Review Working Group is progressing with Phase 3 of its proposed reforms to the Rules of Civil Procedure.

Although the original timeline aimed for completion by the end of 2025, implementation is now expected to extend into 2026. The Committee continues to review stakeholder feedback, with further updates anticipated in the new year. Key features of what we expect the reform proposals to include are:

1.    Pre-litigation protocols and three-track system

A key feature of the reform is the introduction of Pre-Litigation Protocols (PLPs) for specific dispute types, including personal injury, liquidated debt collection, and testamentary challenges. These protocols aim to streamline early case development and encourage resolution before formal litigation. To support this shift, the basic limitation period for civil claims would be extended from two to three years. Once documents are exchanged, a fixed date is set for a hearing on the merits with the goal of a dispositive hearing within two years of claim issuance.

The proposed litigation model divides cases into three tracks:

• The Application Track covers statutory applications and liquidated damages.
• The Summary Track applies to claims under $500,000. 
• The High Value Track, for claims over $500,000.

2.    Up-front evidence model

Central to the reforms is the Up-Front Evidence Model, which restructures discovery into three stages: 

• Initial disclosure of documents referenced in pleadings; 
• Primary disclosure of sworn witness statements, reliance documents, and known adverse documents; and 
• Supplementary disclosure through Redfern Schedules and limited written interrogatories.

While the model seeks to eliminate oral discovery, limited oral examinations remain due to concerns expressed by stakeholders. 

3.    Reformed motions practices

The reforms also propose streamlining motions practice by categorizing requests into directions, orders, and relief. 

4.    Experts

Expert evidence will be reformed through standardized reports, limits on the number of experts per issue, and presumptive use of joint experts in key areas. Pre-trial expert conferencing between opposing experts (i.e. hot-tubbing) will help clarify areas of agreement and disagreement.

5.    Costs & penalties

The reforms propose to eliminate substantial indemnity costs, replacing them with partial indemnity as the default.
To enforce compliance, the reforms introduce daily penalties for missed deadlines. Courts may strike pleadings for serious non-compliance, emphasizing the importance of timely and cooperative litigation conduct.

6.    Mandatory mediation

Proposed implementation of mandatory mediation. Judges will no longer have a role to play as mediators, except for in cases where a court orders judicial mediation, or the parties agree to a judicial binding dispute resolution. The latter is a new tool, which begins with the judge trying to mediate the matter, and if mediation fails, the same judge makes a binding decision on the matter.

Conclusion

These proposed changes represent a significant shift in Ontario’s civil justice system.