Proposed Civil Procedure Changes Aim to Improve Efficiency – But What Will It Mean for Access to Justice?

Ontario’s Rules of Civil Procedure haven’t undergone a major revision in nearly four decades. In that time, the legal landscape in Ontario has evolved significantly, with the pandemic accelerating the shift toward virtual courtrooms and electronic document exchange, highlighting the need for modernization.

In some regions of Ontario, plaintiffs in complex personal injury cases are waiting up to ten years for a trial. Addressing these delays and costs has become an increasing priority.

The Civil Rules Review (CRR), launched in January 2024, has been tasked with this overhaul. The goal: “increase efficiency and access to justice for Ontarians, reduce complexity and costs, maximize the effective use of court resources, reduce delay, and leverage technical solutions.”

The CRR released its “Phase 2 Consultation Report” in April 2025, outlining proposed reforms to the Rules intended to reduce backlogs and streamline litigation. Key recommendations include:

Extending the limitation period to file a civil claim from two to three years;

• Replacing oral examinations for discovery with a more focused, up-front exchange of documentary evidence;
• Reducing the number of motions through greater judicial case management;
• Ensuring trials are held within two years of filing a civil claim

These proposals mark one of the most significant updates to Ontario’s civil court procedure in decades and could come into effect as early as next year.

From an efficiency standpoint, shifting away from oral discovery may help reduce time and resources spent on procedural steps. However, oral examinations can often uncover important facts that aren’t always evident in written records – facts that can prove pivotal in certain cases.

Similarly, requiring early documentary disclosure in the litigation process may help streamline proceedings, but could present challenges in areas such as personal injury litigation. Injuries may take time to manifest, and medical documentation may not be available early in the process. This may result in higher up-front legal expenses for some plaintiffs, and in some cases, create barriers to bringing forward a claim.

At ARAG, we support plaintiffs through After the Event (ATE) legal expense insurance, which helps cover disbursements and adverse costs. Our role is to help level the playing field so that individuals can pursue fair outcomes without the financial risks of litigation standing in the way.

As Ontario considers changes to modernize civil litigation procedure, it's important to ensure that efforts to improve efficiency are balanced with considerations of fair access to justice. Reform should aim to reduce delays and costs while continuing to protect the ability of individuals, particularly those with complex legal cases or limited financial means, to access the justice system.

ARAG remains committed to supporting meaningful reforms that enhance the legal process for all parties involved. Sources: National - A system in danger of becoming irrelevant, How long does a personal injury claim take in Ontario? - Nelligan Law, Sweeping Reforms Proposed to Ontario Rules of Civil Procedure, https://www.ontariocourts.ca/scj/civil-rules-review/

By Joanna Milnes