The Proposed Amendments to the Rules of Civil Procedure in Ontario for 2026

Mathews Samac LLP values and anticipates the proposed changes to the Rules of Civil Procedure in Ontario for 2026. The amendments will improve efficiency, clients’ access to justice, and reduce the costs of their litigation. The amendments offer both clients and their representation greater direction and control over the litigation process. Courts will have more time and additional discretion allowing for efficient and mutually beneficial outcomes.

Streamlined Litigation

The proposed revisions of the Rules will streamline the civil litigation process. For example, an overall timeline will be implemented ideally so that cases reach trial and hearing within two years. Each case will proceed with a standardized online form whether an action is commenced by Statement of Claim or Notice of Application, eliminating uncertainty in the commencement of proceedings especially for those without counsel. Matters commenced by application will obtain an initial Conference within one year of issuance.

Prelitigation Protocol

Prelitigation protocols will be put in place in certain cases, including personal injury and debt collection. The protocol will require litigants to make a considerable efforts to resolve all disputes prior to the initiation of courtroom proceedings. The protocol will also increase Ontario’s basic two-year limitation to three years for applicable cases. The increase in limitation by one year will give clients more time to access justice, obtain representation, and gain a desirable result. The prelitigation protocol will force parties to communicate with each other, exchange required documents, and conduct early mediations to promote settlement and avoid prolonged litigation.

Documents for Discovery

The discovery of documents process will include timelines requiring initial disclosure in pleadings. Primary disclosure, including witness statements and adverse documents of which a party has knowledge will require production within one year. The discovery process will further include a proposed timetable for expert evidence and provide supplementary disclosure to exchange additional documents upon a party’s request.

The Parties will exchange evidence after pleadings through sworn witness statements and will disclose all documents they intend to rely upon at the final hearing. The financial implications of documentary disclosure will be reduced by narrowing the scope of materials.

Oral Examinations

In the process of amending the Rules of Civil Procedure, many in the legal field have suggested that oral examinations for discovery be eliminated entirely to save parties both time and costs. By removing oral examinations, the potential expenses of transcript reviews, undertakings, advisements, and motions in respect of oral examinations would be eradicated.

Various stakeholder groups, however, are concerned that oral discovery is necessary for claims over $500,000. Such cases are referred to as “High Value Track Cases”. Stakeholder groups have suggested in their feedback to the original proposals that some oral discovery may be necessary to manage the complexity and costs of the most intricate and costly legal disputes. These oral examinations would be conducted in under 90 minutes to adhere to the goals and objectives of the amendments. Furthermore, oral examinations would include standardized charts and documentation to expedite the process and settle potential refusals to oral discovery.

Mathews Samac LLP supports the work of the Civil Rules Committee and the Ministry of the Attorney General of Ontario and looks forward in anticipation to all upcoming amendments.

Mathews Samac LLP continues to track these developments and will continue to report on material developments. Connect with us online or call us directly at (416) 225 5289 if you have any questions.