The new year promises change in Ontario’s civil litigation system as significant revisions to the Rules of Civil Procedure, RRO 1990, Reg 194 are expected to be finalized and come into force. Following release of the Phase 2 Consultation Report by the Civil Rules Review Working Committee in April 2025, and feedback that has been provided since then, an Implementation Committee has now been struck. It is anticipated that changes will begin rolling out in multiple phases starting in mid-2026, with some level of “grandfathering” inherent in the process.
The “New” Rules represent a significant reimagining of civil procedure in Ontario. Emphasizing efficiency, they are designed to bring the majority of civil proceedings to a decision on the merits within two years - a substantial reduction from the current Ontario average of six years. To ensure they are not caught flat-footed, advocates should begin now to consider how to prosecute and defend actions strategically under the “New” Rules, as well as engage in similar conversations with clients regarding pending actions.