Reforming Civil Procedure in Ontario, Canada: Lessons for Comparative Civil Justice Systems

Pourostad, Majid

Reforming Civil Procedure in Ontario, Canada: Lessons for Comparative Civil Justice Systems

Document Type : Original Article

Author

Majid Pourostad

Barrister & Solicitor at the Law Society of Ontario and the Founding and Principal Lawyer of the NATIONS GATE® Law Professional Corporation in Toronto, Professional LLM in International Business Law from Osgoode Hall Law School, York University, and Ph.D in Private Law, University of Tehran

Abstract

Ontario has begun a major reform of its Rules of Civil Procedure through the 2024–2025 Civil Rules Review (CRR)—the first full evaluation in nearly forty years. The review seeks to modernize procedures, reduce delay and cost, and make the justice system more accessible. Its guiding principles emphasize access, proportionality, modernization, timeliness, diversity, and transparency.
The most debated proposal is the replacement of oral discovery with an “up-front evidence model,” requiring early witness statements and limited document exchange. Supporters argue that this will reduce expenses and delays; however, opponents caution that it will undermine fairness, particularly for vulnerable or self-represented litigants who rely on oral questioning to uncover facts and assess credibility.
More than 95 percent of Ontario civil cases settle before trial, and many lawyers argue that discovery is the process’s key equalizer. They call for pilot projects and limited exceptions rather than a complete ban. From a comparative perspective, Ontario’s reform reflects a global movement toward simpler, digital, and proportionate civil justice and illustrates how procedural modernization must balance efficiency with fairness.

Keywords

Canada"

Discovery"

Modernization"

Subjects