REFORMS TO CIVIL JUSTICE IN ONTARIO

January 7, 2009

The Ministry of the Attorney General has announced a number of changes to the Rules of Civil Procedure that are expected to have a significant impact in civil litigation, including employment litigation.

All of the changes come into force January 1, 2010, and include as follows:

Small Claims Court

·         The limit on damages in Small Claims actions will be raised from $10,000.00 to $25,000.00.

Simplified Procedure

·         The limit on damages in actions under the Simplified Procedure will be raised from $50,000.00 to $100,000.00.

·         Parties will now be permitted up to two hours of Pre-Trial, Examination for Discovery in advance of Trial. Under the old Rules, Discovery was limited to exchanging Affidavits of Documents.

Summary Judgment

·         Under the old Rules, a party seeking a quick resolution to an action, had the option of bringing a Motion for Summary Judgment. However, if the moving party was unsuccessful, it was liable to pay the costs of the successful party.

·         The costs disincentive has now been partially addressed. Under the new Rules, the Motions Judge will now have discretion to determine whether the Motion was brought properly and what costs, if any, should be payable. 

Discovery

·         Parties will now be required to agree at an early stage to a plan for Discovery (i.e. the disclosure of all facts or documents relevant to a particular action).

·         Each party will now be limited to a total of seven hours for Examination for Discovery unless the parties consent to additional Discovery or the Court orders otherwise. 

Motion and Trial Scheduling

·         Earlier deadlines for serving and filing motion and application materials are expected to be identified under the Rules; however, these new deadlines have not yet been identified.

Members of our Labour and Employment Law Practice would be pleased to assist if you have any questions.