Written by David Sterns on April 10, 2025

LITIGATORS! Ontario’s proposed civil justice reforms aim to tackle delay and inefficiency — but they risk doing serious damage to access to justice, especially for victims of fraud and people with complex claims. Under the proposed model, litigants would need to marshal their full case — including sworn evidence — before discovery even begins.

For those without deep pockets, that’s a serious barrier. For counsel working on complex matters on contingency or limited retainers, it’s a non-starter. Here’s what’s at stake:

• Higher up-front costs – fewer people can afford to sue.
• Procedural inefficiency – costly duplication and wasted effort.
• Fewer settlements – more trials, more strain on courts.
• New disclosure rules favor defendants – institutional defendants gain advantage over vulnerable plaintiffs. Plaintiffs will face severe restrictions in obtaining critical documents needed to prove their case.
• Systemic inequity – justice for the few, not the many. Asymmetrical cost consequences that hurt individuals and small businesses far more than large corporations are being amped up.

If you work with vulnerable clients, fraud victims, or in complex litigation, now is the time to engage. The consultation is open until June 16, 2025. We’re drafting submissions that are focused on access to justice, and are inviting others to contribute and sign on.

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

Please email me at dsterns@sotos.ca if you’re interested.

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

Please find the Civil Rules Review Phase 2 Consultation Report of April 2025 here: https://www.ontariocourts.ca/scj/files/pubs/Civil-Rules-Review-2025-phase-two-EN.pdf