Written by David Sterns on April 16, 2025

LITIGATORS— I’m hearing from individuals and organizations representing thousands of lawyers across Ontario who are deeply concerned about the proposed civil justice rule changes.

Yes, we all agree the system is too slow, too expensive, and too complex. But almost no one—outside a narrow group of commercial litigators in Toronto—supports dismantling our entire civil procedure framework based on untested theories of efficiency and selective anecdotes.

The proposal borrows heavily from the commercial arbitration model, but without recognizing that arbitration is typically used by sophisticated parties—not by victims of fraud, abuse, negligence, or systemic harm. Importing those procedures into the public justice system, without safeguards, will cause real damage to access to justice.

Equally troubling is the growing perception that the committee considers these changes a fait accompli, with a target implementation date of January 2026. Many are asking: where is the consultation? Where is the engagement with the lawyers who represent real people—not just large corporate interests?

We will continue to advocate for individuals and small businesses who rely on our courts for protection and redress. Discovery is not a procedural luxury. It is essential to meaningful justice.

Now is the time to act. Contact your associations—OBA, TAS, OTLA, FOLA, and others—and make your views known. They will take notice. These reforms are too important to be pushed through without full and transparent consultation.

AccessToJustice CivilReform OntarioLaw #Litigation #JusticeForAll #RulesOfCivilProcedure #LegalReform #OBA #TAS #FOLA #OTLA