Ontario’s civil procedure overhaul: From fishing expeditions to reliance-based disclosure

Law360 Canada (April 17, 2025, 1:44 PM EDT) --

Chris MacDonald

Ontario’s civil justice system is on the cusp of its most sweeping transformation in over a century. The Civil Rules Review 2025, launched by Chief Justice Geoffrey Morawetz and Attorney General Doug Downey, is not simply tinkering at the edges — it’s a fundamental reimagining of how litigation is conducted in this province. The working group, led by Justice Cary Boswell and Allison Speigel, has consulted with the bar, judiciary and international experts to address a crisis in access to justice that has left too many Ontarians priced out or delayed by an outdated, process-heavy system.

One of the most significant — and, in my view as a personal injury lawyer, most welcome — changes is the shift from a broad relevance-based approach to document disclosure to a new, targeted reliance-based model. This change is not just a technical adjustment. It’s a response to a system that, as Justice Boswell put it, “is not delivering justice. … We have put too much process between the dispute and its resolution.” The new model aims to make litigation more accessible, affordable and just for all Ontarians.

From overproduction to proportionality

Under the current rules, parties are required to disclose every document that might be relevant to any issue in the pleadings. In practice, this has led to massive overproduction, spiralling costs and a culture of “document dumps.” For personal injury plaintiffs, the burden is especially acute: defendants routinely demand years of medical, employment and financial records, much of which is only marginally relevant. The cost and delay of collecting, reviewing and producing this paperwork can be staggering — and is often weaponized to exhaust claimants and pressure early settlements.

But the problem isn’t limited to personal injury. Across all areas of civil litigation, lawyers spend countless hours and client dollars sifting through irrelevant material, only to face further delays as disputes over refusals and undertakings clog court dockets. As Justice Boswell noted in the Civil Procedure Overhaul Meeting, “Motions in Toronto consist of roughly 50 per cent of undertaking and refusal motions. Those will be eliminated under this model. That will be a substantial savings of time.”

The new model: Reliance-based disclosure and Redfern schedules

The proposed rules overhaul introduces a reliance-based disclosure standard. Now, parties must disclose:

• All non-publicly available documents referenced in their pleadings at the time of service.

• Documents they actually intend to rely on at trial.

• “Known adverse documents” — those that are adverse to their case or supportive of an opponent’s case.

If a party believes something crucial is missing, they can request it using a Redfern schedule — a structured, arbitration-inspired process that requires the requesting party to explain why the document is needed and allows the other side to object. This system focuses disclosure on what truly matters, rather than on hypothetical possibilities.

As Allison Speigel explained, “The hope is that we narrow cases from what happens right now, which is every lawyer and every party going down every rabbit hole because that’s what the process allows you to do and therefore that’s what people do, to one that focuses people early and quickly on the matters in dispute.”

Why this matters

For personal injury plaintiffs, this reform is a game-changer. No longer will the most seriously injured be forced to fund endless fishing expeditions by defendants seeking every potentially relevant document. The new approach will reduce costs, eliminate unnecessary delay and help ensure that cases are resolved on their merits — not on who can outlast whom in a battle of paperwork.

But the benefits extend far beyond personal injury. All civil litigants will see a streamlined discovery process, fewer motions over refusals and undertakings, and a cultural shift toward proportionality and efficiency. The reforms are designed to move cases forward quickly, with deadlines that are “not soft … not suggestions … there are deadlines,” as emphasized in the consultation meeting. This will benefit businesses, individuals and institutions alike.

A cultural shift for the whole bar

This is more than a procedural tweak; it’s a call to rethink what fairness and justice mean in a modern civil system. As Justice Boswell reflected, “Process may be the obstacle to justice. It may be time again to rethink how civil disputes are resolved.” By narrowing disclosure to what truly matters, the new model aims to deliver justice that is timely, affordable and meaningful.

Looking ahead

For lawyers, these changes will require a more strategic and disciplined approach to evidence. We’ll need to carefully evaluate which records are truly essential, stay vigilant about our disclosure obligations, and use Redfern schedules judiciously to target only what is necessary. But the benefits — reduced costs, fewer delays and a more just process for clients — are well worth the adjustment.

Ontario’s civil justice overhaul is a bold step toward a system that puts the needs of litigants first. Whether you represent accident victims, businesses or institutions, this is a change that will move us all toward a fairer and faster resolution of disputes.

If you have questions about how these changes will impact your practice, or if you’d like to discuss strategies for adapting to the new disclosure regime, please reach out. I look forward to continuing this conversation as Ontario’s civil justice system enters a new era.

Chris MacDonald is a personal injury lawyer at MacDonald Injury Lawyers, a firm dedicated to representing individuals who have suffered severe and catastrophic injuries. MacDonald specializes in guiding clients and their families through the aftermath of life-altering events, ensuring they receive the compensation and support necessary to rebuild their lives. He is passionate about advocating for his clients with empathy and determination. You can reach Chris at chris@macdonaldinjurylaw.com or 647-669-9580.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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