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Attorney General Downey and Former Chief Justice Morawetz Statement on Civil Rules Review

May 28, 2026

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)