Justice Graeme Mew and experienced counsel discuss three-track litigation system and its impact on case strategy and courtroom practice
Most litigators agree Ontario’s civil justice system needs to move faster. The harder question is what that will require from counsel once the rules actually change.
Proposed reforms to the Rules of Civil Procedure would introduce a new three-track framework for applications, summary matters and trials, while also reshaping core elements of civil practice, including discoveries, jury trials, limitation periods and the use of affidavit evidence.
For litigators, the significance lies less in the wording of the rules themselves than in how they will alter the way cases are run. A system built around tighter timelines and greater proportionality will require earlier decisions about evidence, case selection and litigation strategy. Counsel may need to determine much sooner whether a case belongs in the application, summary or trial track, and how aggressively discovery or expert evidence should be pursued.
Those questions will be the focus of an upcoming Canadian Lawyer webinar, Ontario Rules Changes: practical guidance from the bench, plaintiff and defence counsel.
The session brings together Justice Graeme Mew of the Superior Court of Justice, Warren WhiteKnight of Bergeron Clifford LLP, and Kevin Cooke of Cunningham Swan LLP, offering perspectives from the bench as well as from both plaintiff and defence counsel who manage complex civil files.
Rather than revisiting the policy rationale behind the reforms, the discussion will focus on how they are likely to function in real litigation: how courts may expect counsel to approach the three-track system, how potential limits on discoveries could change evidentiary strategy, and whether reforms to juries and affidavit evidence will alter how cases are prepared for trial.
The reforms raise practical questions about file valuation, procedural planning and advocacy under a system built for faster resolution.
This webinar aims to explore those questions directly, drawing on the perspectives of those who will ultimately shape how the new framework operates in court.
Register now to hear how Ontario’s civil procedure reforms may affect the way litigation is run in practice.
This article was produced in partnership with Bergeron Clifford LLP
