Written by David Sterns on April 15, 2025

LITIGATORS: Some defenders of Ontario’s proposed civil justice reforms are saying, “Well, in arbitration you have to marshal all your evidence up front, and discovery is limited there too.”

That’s true—but also beside the point.

Arbitration is primarily used by sophisticated, well-resourced parties—often corporations—who choose that forum by contract. It is not where we resolve systemic abuse, conspiracy, product defect, fraud, medical malpractice or personal injury claims.

Those cases—the ones involving vulnerable people, power imbalance, and institutional misconduct—belong in the superior courts. Courts have a constitutional mandate to do justice, not just to resolve disputes quickly.

Ontario’s courts are being reshaped using a dispute resolution model built for Bay Street, complete with crippling cost consequences for the unsuccessful party. That might work for commercial arbitrations. It does not work for people trying to uncover abuse, fraud, or harm they didn’t create and can’t see.

If you work with vulnerable clients or in complex litigation, now is the time to engage. The consultation is open until June 16, 2025. We are preparing access-to-justice–focused submissions and welcome others to contribute.

Let’s make sure well-intentioned reform doesn’t put justice even further out of reach.

Reach out to me at dsterns@sotos.ca if you’d like to get involved.

#AccessToJustice #CivilReform #OntarioLaw #Litigation #FraudVictims #JusticeForAll #RulesOfCivilProcedure #LegalReform