Statement: Attorney General Downey and Former Chief Justice Morawetz – Civil Rules Review
The Civil Rules Review is a significant and ambitious initiative to modernize Ontario’s civil justice system. Ontario is committed to ensuring that the civil justice system is timely, accessible, and cost-effective.
Attorney General Downey and Former Chief Justice Morawetz are grateful for the substantial work of the Civil Rules Review Working Group, co-led by the Honourable Justice Cary Boswell of the Superior Court of Justice and Allison Speigel. We also wish to acknowledge the strong collaborative partnership that has led to advancing this important work to strengthen the civil justice system.
Attorney General Downey and Former Chief Justice Morawetz are committed to building on the Working Group’s recommendations, including exploring adoption of the upfront evidence model, prelitigation protocols, and a three-track process system. It is recognized that meaningful reform to the Rules must be undertaken carefully and in stages. Accordingly, changes will be introduced in a sequenced manner, permitting the early implementation of certain reforms, followed by more comprehensive structural changes. Ongoing engagement with the profession will help inform and guide these reforms as they evolve.
It is anticipated that in 2026 the Attorney General’s office will be moving forward with a series of practical improvements aimed at addressing barriers that contribute to delay, complexity, and cost. The bar will be provided with advance notice of any approved amendments prior to their coming into force.
The changes to be advanced in 2026 include:
- Strengthen parties’ and lawyers’ responsibilities to the court while pursuing legal proceedings
- Streamline originating processes
- Reduce the cost-of-service requirements by leveraging technology
- Simplify the process for parties to discontinue an action or withdraw a defence on notice
- Simplify the process for lawyers to withdraw from the record
- Clarify the default judgment process
- Reduce the burden of resolving refusals to answer questions during examinations for discovery
- Prescribe criteria for materials to be filed on interlocutory motions
- Consolidate rules related to pleadings
- Eliminate the need for form backsheets where practical
- Clarify Rule 1.09 (Communications out of court)
These targeted measures complement key modernization efforts already underway, including the historic Courts Digital Transformation initiative, and will help reduce red tape, simplify court processes, and improve navigation of the civil justice system.
Attorney General Downey and Former Chief Justice Morawetz thank the lawyers, judges, court participants, and members of the public who submitted over 200 responses during the consultation process, helping to inform the Civil Rules Review Working Group’s final recommendations. Input from court users, the legal community, and justice sector partners is invaluable, and will continue to inform future changes.