Written by David Sterns on April 19, 2025

THEM:
“Why are you being so vocal about the Civil Rules Reform Committee? Who do you even represent?”

Written by David Sterns on April 17, 2025

LITIGATORS— Where is the evidence that our system of documentary and oral discovery needs to be discarded?

Why are we gutting discovery just as we enter the AI era, which promises to make the exchange and review of documents faster, cheaper, and more efficient than ever before?

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.

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.

Written by David Sterns on April 14, 2025

LITIGATORS—and everyone who cares about access to justice:

Over the next two weeks, I’ll be highlighting how Ontario’s proposed civil justice reforms will erode access to justice—particularly for individuals, small businesses, and victims of fraud, abuse, or systemic wrongdoing.

Written by David Sterns on April 13, 2025

LITIGATORS—and anyone who cares about access to justice:

Ontario’s proposed civil justice reforms won’t just eliminate oral discovery—they will gut documentary discovery as we know it. In the name of “efficiency,” the rules would replace meaningful disclosure with a cursory document exchange, followed by a “pin the tail on the donkey” regime where plaintiffs must guess which documents to request—without knowing if they exist. And unless your request is highly specific, it will be denied.

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.