Why Ontario Is Overhauling Civil Procedure
The Civil Rules Review was launched in January 2024 after Ontario’s own courts acknowledged what many litigants already knew from experience: the civil justice system had become too slow, too expensive, and too often out of reach for ordinary people and businesses. Most civil lawsuits were taking two to five years from a Statement of Claim to a final resolution – regardless of whether the case involved a straightforward debt or a complex commercial dispute. The Working Group’s Final Policy Report, released December 15, 2025, sets out the province’s response.
The New Three-Track System
The centrepiece of the reform is a shift from the current model to three distinct litigation tracks, each with its own procedure and timeline:
- Application Track – for matters that statute or the current rules already treat as applications (certain statutory proceedings and liquidated claims). These proceed directly to a paper-based Summary Hearing with no full trial, targeting resolution in about a year.
- Summary Track – for most claims between roughly $50,000 and $500,000 (or higher, by consent of the parties). These follow a streamlined, court-managed timetable toward a Summary Hearing rather than a conventional trial, with a target of about two years from the close of pleadings.
- Trial Track – for everything else, generally higher-value or more complex claims. These retain a conventional trial, but with an early “One-Year Scheduling Conference” after the close of pleadings and firm court-set dates from that point forward, also targeting roughly two years to resolution.
Courts will retain discretion to move a case between the Summary and Trial Tracks as it develops, but Application Track matters are fixed – they can never result in a full trial.
Other Major Changes Worth Knowing
The three-track system isn’t the only shift. A few other changes will affect how civil cases are run in Ontario going forward:
- An “up-front evidence model” is replacing much of traditional discovery. Instead of broad, open-ended document discovery, parties will be expected to produce key documents and witness evidence earlier in the process, closer to how arbitration works.
- Oral examinations for discovery are being scaled back significantly. They’re eliminated entirely in the Application and Summary Tracks, and capped at 90 minutes per party in the Trial Track, subject to limited exceptions.
- Delay penalties are being introduced. A party who misses an interim deadline without justification presumptively owes the other side $100 per day in Application and Summary Track cases, or $250 per day in Trial Track cases.
- Mandatory Pre-Litigation Protocols are expanding to specific categories of disputes – including personal injury, liquidated debt collection, and testamentary/estate challenges – requiring certain steps before a claim can even be filed.
- The basic limitation period is not changing. An earlier proposal to extend Ontario’s standard two-year limitation period to three years was dropped from the Final Report, so the clock to start a claim remains the same.
What This Means for You
If you’re pursuing or defending a breach of contract claim, a debt recovery matter, a property dispute, or a commercial disagreement, which track your case falls into will shape both strategy and cost from the very beginning. The shift to up-front evidence means the days of waiting for discovery to “find” the strength of your case are ending – organizing your documents, witnesses, and evidence early is becoming essential rather than optional. Businesses and individuals who get ahead of this shift, rather than reacting to it once a claim is already filed, will be better positioned regardless of which track they land on.
Where Things Stand Right Now
This is a live, evolving process rather than a single flipped switch. Targeted amendments – including new mandatory court forms and stricter venue requirements – have already taken effect as an early phase of the reform. The broader three-track system is being phased in through 2026, with implementation timelines that have already shifted once from the original schedule. If a claim you’re involved in could be affected, it’s worth confirming the current status of these rules with counsel rather than relying on any single point-in-time summary – this one included.
Common Questions
Does the two-year limitation period to start a claim change?
No. That basic limitation period remains two years from discovery of the claim, unchanged by these reforms.
How do I know which track my claim will be on?
It depends primarily on the type of claim and its value – statutory/liquidated matters generally go to the Application Track, most claims between roughly $50,000 and $500,000 go to the Summary Track, and larger or more complex claims go to the Trial Track. A lawyer can assess this for your specific matter.
When do these changes actually take effect?
Some procedural amendments are already in force; the broader three-track system is being rolled out in phases through 2026. Given how much this has shifted already, it’s worth confirming current status before assuming a specific rule applies to your case.
Hashmi Law Group represents clients in civil litigation matters – including breach of contract, debt recovery, and property disputes – with 17+ years of experience, across North York, Mississauga, and the Greater Toronto Area, before the Ontario Superior Court of Justice.
For legal guidance on your matter, call us at 905-503-1486 or 647-772-8187, or email us at nhashmi.law@gmail.com for a consultation.
We have offices in Toronto and Mississauga. In addition to regular business hours, we offer weekend and after-business-hours appointments if required.
