Update On Civil Rules Review
As civil litigators across Ontario wait with bated breath, a joint statement from Attorney General Downey and Former Chief Justice Morawetz was released on May 28, 2026. The joint statement is promising since it suggests that the incoming changes will be implemented in a sequenced manner.
In their joint statement, they acknowledge 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. The Civil Rules Review Working Group ultimately suggested comprehensive changes, which they note will be accompanied by advance notice before any changes come into force.
According to the joint statement, the changes that will take place in 2026 include the following:
- 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)
It is encouraging to know that the changes will involve a phased rollout, and there are significant changes in the list above that will reduce costs. Having represented both plaintiffs and defendants in civil litigation matters, these are changes that will help both sides move mattes forward, strategize, and determine if a matter should proceed to trial. While much remains uncertain at this point with respect to future changes, the list of changes included in the joint statement is encouraging and should be well received.