Written by David Sterns on April 25, 2025

LITIGATORS: I’ve always believed our job is to represent our clients fearlessly and with conviction. Not just in court. Not just in mediation. But everywhere- including when fundamental access to justice is under threat.

That moment is now.

We are being told that discovery – a pillar of our civil justice system for more than 150 years – is unnecessary. It’s inefficient. Inconvenient. A waste of time, apparently.

In its place, we are being offered a drastically reduced process- one that front-end loads trial preparation onto plaintiffs at the earliest stage of litigation, even though over 90% of cases settle before trial. Will this increase costs to plaintiffs? Absolutely.

Defendants? They will no longer be required to produce all relevant documents. Instead, they choose what they disclose. Only documents they deem directly adverse to their position must be shared. No meaningful discovery. No right to examine on the documents. That will come at trial, perhaps. If your clients can afford to get there. And if they can face the risk of crippling adverse costs if they lose.

These changes are being proposed without any evidence that they will improve our system. There is no pilot project proposed. We are told that this is happening and it will go into effect in January.

If you are concerned, I invite you to reach out. Many already have. Let’s ensure that our voices are heard.

Email me directly at dsterns@sotos.ca.

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