Ontario Announces Significant Changes to Civil Litigation Process

On December 11, 2008, the Ontario Government announced it has decided to adopt a number of significant changes to the Ontario Civil Justice System.  These changes were based on recommendations made by former Associate Chief Justice Coulter Osborne who recently conducted the Civil Justice Reform Project.  Some of the more notable changes include:

•  Increasing the monetary limit for Simplified Procedure Actions from $50,000 to 100,000 effective January 1, 2010;
•  Increasing the monetary limit for Small Claims Court Actions from $10,000 to $25,000 effective January 1, 2010;
•  Parties will now be allowed up to 2 hours of Examination for Discovery in Simplified Procedure;
•  Requiring timelines early in the litigation regarding the discovery process;
•  Limiting Examination for Discovery to a maximum of 7 hours, unless agreed otherwise, or permitted by the Court;
•  Extending the timelines on mandatory mediation to allow for more meaningful settlement discussions.
•  Expert reports will have to be served earlier in the litigation process; and
•  Pre-trial motions will be required to take place earlier in relation to the trial date.

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It will take some time to understand how these changes will be implemented and adopted by lawyers and litigants in Ontario .  However, Attorney General Chris Bentley assures that the changes will increase access to justice while reducing litigation costs to everyday Ontarians. Former Associate Chief Justice Coulter Osborne was quoted as saying, “By acting on my recommendations, the Attorney General is reducing cost and delay for individuals and businesses who use our civil courts. The reforms reflect the need for proportionality in our civil justice, which means that straightforward, lower value cases should not take as long or cost as much as large, complex cases.

To view the Attorney’s General’s Press release go to: http://www.attorneygeneral.jus.gov.on.ca/english/news/2008/20081211-civil-nr.asp