This article was originally published on Law360TM Canada (www.law360.ca), part of LexisNexis Canada Inc.
If you’ve ever wondered why civil lawsuits in Ontario can drag on for years, you’re not alone. Whether you’re a fellow personal injury lawyer, an accident victim or just someone following the news, Ontario’s proposed overhaul of its civil court rules is about to shake things up for everyone seeking justice.
What’s new? A two-year countdown for every case
The Civil Rules Review 2025 proposes a bold new approach: most civil cases, including personal injury claims, must be ready for trial within two years of filing. Here’s what that means in practice:
- Defendants must file their defence within 90 days.
- Plaintiffs exchange their witness statements and documents within 180 days.
- Defendants follow with their evidence at 270 days.
- A mandatory scheduling conference takes place at the one-year mark.
For cases involving injuries that haven’t stabilized (think traumatic brain injuries or chronic pain), the court can pause the case for up to a year or split the process between liability and damages.
Why is Ontario doing this?
The goal is simple: cut out the endless delays and procedural gamesmanship that have plagued our courts for decades.
The hope is that fixed timelines will keep cases moving, stop insurance companies and defence counsel from dragging their feet and, most importantly, get injured people the answers and compensation they deserve faster.
A game-changer for plaintiffs — and a wake-up call for insurers
From a plaintiff lawyer’s perspective, these deadlines are a double-edged sword. Yes, there’s pressure to be organized from day one. But for clients, the benefits are clear: no more waiting months (or years) for the other side to finally commission a medical report or take your claim seriously. Everyone — especially insurers — have to prepare their cases earlier, making it much harder to delay justice by stalling on evidence or settlement talks.
For lawyers who already build their cases for trial from the outset, these changes reward proactivity and good practice. And for clients, it means a more level playing field: the days of “wait them out” tactics could be numbered.
But can the courts keep up?
While fixed timelines promise faster justice, there’s a real question about whether Ontario’s courts have the resources to keep pace. The number of Superior Court judges has barely changed in a decade, even as the province’s population and civil caseload have grown dramatically.
With over 200,000 civil cases in the system and mandatory case conferences proposed for each, the current judicial complement is already stretched thin. Without significant investment in judges and court staff, there’s a risk that these reforms could actually lead to new delays, as courts struggle to manage the increased volume of conferences and directions hearings.
Some have also raised concerns that moving to reliance-based disclosure and eliminating discoveries may generate more disputes over what must be produced, leading to even more court attendances unless many of these conferences can be handled in writing or by court staff.
What should you do next?
Whether you’re a lawyer, a client or simply someone with an interest in access to justice, now is the time to pay attention. The Civil Rules Review Working Group is accepting feedback from the public until June 16, 2025. If you have thoughts, questions or concerns about how these changes could affect you or your clients, don’t stay silent — submit your comments and help shape the future of Ontario’s civil justice system.
Want to talk about how these timelines might affect your case or your practice? Reach out — I’m always happy to chat about strategies for staying ahead in this new era of litigation.
