Ontario is poised to undergo the most significant transformation to its civil justice system in decades. In a bold move, the province’s top legal officials are proposing to rewrite the civil litigation process—from the ground up.
While the changes are focused on civil (non-criminal) matters such as personal injury, contract disputes, and property claims, family law professionals would be wise to pay close attention. The reforms reflect a shift toward speed, efficiency, and accountability—values that could (and arguably should) reshape our own system.
Below are five key takeaways from Ontario’s proposed civil justice overhaul—and what they might mean for the future of family law in the province:
1. A Bold Promise: Cut Timelines in Half
The current civil litigation process can stretch four to five years—timelines that Chief Justice Geoffrey Morawetz and Attorney General Doug Downey say render the system “irrelevant” for many. Their goal is to resolve matters in two years or less.
Family Law Insight: Lengthy delays in divorce, support, and parenting matters also create emotional and financial strain. Family lawyers should push for similar benchmarks—especially in high-conflict cases where timely resolution is crucial.
2. Leveraging Post-Pandemic Momentum
The COVID-19 pandemic forced Ontario’s courts into digital transformation. Remote hearings, electronic filing, and virtual case conferences are now commonplace. This overhaul uses that momentum as a launchpad for broader systemic change.
Family Law Insight: Our courts have proven they can adapt. Now is the time to build permanent, digital-first infrastructure and rethink outdated procedures in family court.
3. “Up-Front Evidence” Requirement
Rather than massive, rolling document productions, litigants in civil matters will be required to exchange all relevant evidence up front—limited only to what they actually intend to rely on at trial.
Family Law Insight: This model promotes clarity and reduces discovery-related gamesmanship. Family lawyers can advocate for similar transparency and efficiency, particularly in financial disclosure and trial preparation.
4. The End of Oral Discovery
The new civil model proposes eliminating oral discovery in most cases, replacing it with sworn witness statements and written interrogatories. While this is controversial, the goal is to reduce costs and delays.
Family Law Insight: While oral evidence remains crucial in many family matters, streamlining pre-trial procedures—particularly for focused issues—could save clients significant time and expense.
5. Judges Taking the Driver’s Seat
Expect a move toward mandatory case conferences, fixed trial dates, and fewer adjournments. Judges will play a more active role in managing files from start to finish, ensuring efficiency and discouraging delay tactics.
Family Law Insight: Judicial leadership is already embedded in some areas of family law (such as triage and case management), but expanding the use of fixed schedules and firmer oversight could improve access to timely justice for families.
Final Thoughts
Although these proposed changes target civil litigation, they signal a broader appetite for reform across Ontario’s justice system. For those of us practicing family law, the message is clear: the future of legal service must be faster, more transparent, and more client-centered.
At Russell Alexander Collaborative Family Lawyers, we continue to monitor these developments and advocate for meaningful improvements in how family law is practiced and delivered across Ontario.
Source:
Inspired by and based on reporting by Aidan Macnab, Law Times: Ontario’s Civil Justice Overhaul: Morawetz and Downey on rewriting the system from the ground up
