Written by David Sterns on April 20, 2025

LITIGATORS—

Did you know the Civil Rules Reform Committee wants plaintiffs to front-end load all their evidence—before any disclosure from the defendant?

This change would dramatically increase the cost, risk, and complexity of litigation for individuals, small businesses, and victims. It will further discourage lawyers from taking on the cases of people who most need access to justice.

Why this model?

Because it mirrors commercial arbitration—the preferred dispute resolution tool of Bay Street litigators. Don’t take my word for it. A respected arbitration practitioner says exactly that in this article:
Law.com: Fundamental Changes to Civil Procedure Are Coming to Canada’s Largest Court

But surely this was supported by evidence, right?

Here’s what the report itself admits (PDF page 41):

“To our knowledge, and unsurprisingly, there is no research literature comparing the average cost of a case proceeding from start to finish under our existing model with the average cost of a proceeding from start to finish under the up-front evidence model.”

No data. No empirical comparison. Just untested theory—and a model imported from a legal culture built for corporate litigants, not vulnerable plaintiffs.

Who does this help?
Large corporations looking to discourage claims and drive up litigation costs.

Who does it hurt?
People. Real people.

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

Please find the walled link to article here: https://www.law.com/international-edition/2025/04/15/fundamental-changes-to-civil-practice-coming-to-canadas-largest-court/