What Ontario’s Civil Procedure Review Could Mean for Employers
Ontario is reviewing its civil litigation rules through the Civil Rules Review: Phase 2 Consultation Paper. While these changes are not specific to employment law, they may affect how employment-related disputes are handled in court.
Employers should be aware of these potential reforms, even if the impact is less immediate than other workplace legislation.
Key Areas Under Review
1. Faster Procedures
The review suggests making it easier to resolve cases without a full trial. This includes:
- Expanding simplified court procedures for mid-value claims.
- Encouraging the use of summary judgment to shorten disputes.
What this means for employers: Wrongful dismissal and other employment cases may move through the courts more quickly, leaving less room for drawn-out litigation.
2. Narrower Discovery Obligations
Discovery, the process of exchanging documents, could be limited to only what is truly necessary and proportionate.
What this means for employers: Fewer broad document requests, but a need to keep employment records well-organized and accessible.
3. Stronger Case Management
Courts may take more control over scheduling and deadlines, reducing delays.
What this means for employers: Employment disputes may proceed on tighter timelines, making early preparation more important.
4. Greater Use of Technology
The review supports more use of virtual hearings, electronic filing, and digital case management.
What this means for employers: Expect more litigation steps to take place online, which may reduce costs and improve efficiency.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“For employers, even small changes to Ontario’s civil procedure rules may carry major implications for litigation risk and efficiency. Speaking to a lawyer now ensures your organization is ready for what lies ahead.”
Takeaway for Employers
These proposals are still under review, and no changes have yet been made. However, the direction is clear: Ontario is moving toward faster, more efficient, and more digital litigation.
At Achkar Law, we are monitoring these developments closely. If the reforms move forward, we will guide employers on how they may affect employment litigation. For now, employers should ensure employment records are well organized and remain prepared for the possibility of faster, more streamlined litigation.
Contact Achkar Law
Ontario’s civil rules are under review, and changes could reshape how employment disputes are litigated. At Achkar Law, we’re monitoring these reforms so employers can stay prepared and protected.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics: Employment Litigation, Responding to Ministry of Labour Complaints, Employment and Labour Compliance