Changes to the Civil Litigation Rules in Ontario in 2026
Ontario’s civil litigation rules are undergoing their most significant overhaul in decades, driven by the Civil Rules Review (CRR), a reform project launched in January 2024 by the Ontario Superior Court of Justice and the Attorney General of Ontario.
The CRR’s Final Policy Report, released December 15, 2025, proposes replacing the current lawsuit process with a three-track system: an Application Track for statutory matters, a Summary Track for claims between $50,000 and $500,000, and a Trial Track for all other claims.
Key proposed changes include mandatory pre-litigation protocols before filing, an up-front evidence model replacing much of traditional document discovery, and oral examinations for discovery retained only in the Trial Track and capped at 90 minutes per party.
Targeted amendments — including new mandatory court forms and stricter venue requirements — already took effect on February 1, 2026; the broader CRR reforms are expected to roll out in phases beginning as early as mid-2026, pending government approval.
The basic two-year limitation period under Ontario’s Limitations Act, 2002 remains unchanged — an earlier proposal to extend it to three years was dropped from the Final Report.
Ontario’s Civil Justice System Is About to Change — Here’s Why It Matters to You
If you have ever tried to collect money you are owed through an Ontario court, you already know the frustration. Cases drag on for years. Legal bills mount. Paperwork multiplies. And the other side can use delay as a strategy.
Ontario’s own courts have said the same thing out loud. The Civil Rules Review (CRR) — a working group of judges, lawyers, and academics struck by the Superior Court and the Attorney General — described the province’s civil justice system as being in crisis: too slow, too expensive, and too often out of reach for ordinary people. The Ontario civil litigation rule changes 2026 represents the system’s response.
Whether you are a Scarborough small-business owner waiting on $80,000 in unpaid invoices, a GTA homeowner locked in a property dispute, or an employee whose wrongful dismissal case is heading to civil court, these changes affect you directly. This guide translates the proposed reforms into plain English so you know what to expect, what has already changed, and what to do next.
If you are already dealing with a civil dispute, speaking with a civil litigation lawyer in Toronto before any deadlines pass is the most practical first step you can take.
What Has Already Changed: The February 2026 Amendments
Not all of the civil litigation changes are on the horizon — some are already in effect. As of February 1, 2026, two important amendments to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 took force and apply to every new civil proceeding filed in the Ontario Superior Court of Justice.
✓ New mandatory court forms: All civil proceedings must use newly standardized forms. Filing the old forms causes delays and may result in the court refusing your documents.
✓ Stricter venue requirements: The court location you choose must have a rational connection to your dispute — where events occurred, where the defendant lives, or where a material document was signed. Choosing a courthouse for convenience or perceived tactical advantage is no longer acceptable and may be challenged.
These amendments are the first step of a multi-phase rollout. They are separate from the larger Civil Rules Review proposals described in the sections below. When this article uses the words “proposed” or “expected,” it refers to the broader CRR reforms that are still awaiting formal government approval.
Quick Start: Which Track Will Your Claim Be On?
One of the most significant proposed changes under the Civil Rules Review is a new three-track system that would replace the current choice between an action and an application. Under the proposed reforms, every civil claim would be assigned to one of three tracks based on its nature and value. Not sure where your dispute sits? You can use our litigation checker tool to assess your situation.
Key feature: Proceeds to a summary hearing on paper — no full trial.
Target timeline: Approximately one year from filing (proposed).
Key feature: Streamlined timetable proceeding to a summary hearing without a full trial.
Target timeline: Two years from close of pleadings (proposed).
Key feature: Conventional trial with focused examinations and early scheduling conferences.
Target timeline: Two years from close of pleadings, with flexibility for complex cases (proposed).
All three tracks are proposed under the CRR reforms and have not yet been enacted into law. If implemented, track assignment would be determined by the court based on the nature and value of the claim. See the comparison table below for how this differs from the current process.
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Ontario Civil Lawsuit Tracks: Which One Applies to Your Claim?
Proposed three-track system under the Civil Rules Review Final Policy Report (December 2025). Track assignment is determined by claim type and value — proposed only, not yet enacted.
Source: Civil Rules Review Working Group, Final Policy Report, December 15, 2025 — ontariocourts.ca/scj
Nihang Law Professional Corporation · Law Society of Ontario · All tracks are proposed and subject to government approval
Current Rules vs. Proposed Rules: A Side-by-Side Comparison
Ontario civil litigation is currently governed by the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 — a framework that has not seen comprehensive reform in decades. The Ontario Rules of Civil Procedure changes proposed by the CRR would touch virtually every stage of a lawsuit, from how you start your claim to how evidence is exchanged. Here is a plain-language comparison of where things stand today versus where they are headed.
| Procedure Step | Current Rule (In Force) | CRR Proposal (Pending Approval) |
|---|---|---|
| How you start a claim | File a Statement of Claim (action) or Notice of Application — two separate routes with different procedures | File a single standardized online Notice of Claim — one point of entry for all civil matters |
| Document discovery | Parties exchange an Affidavit of Documents listing all relevant records, then produce them over time | Up-front evidence model: initial disclosure with pleadings, then primary disclosure of witness statements and reliance documents |
| Oral discovery (examinations) | Oral examinations for discovery — the formal questioning of the opposing party under oath — available as a matter of right in most cases | Retained in the Trial Track only, capped at 90 minutes per party with strict limits on objections; replaced by written process in other tracks |
| Motions | Parties can bring interlocutory motions — procedural applications to the court — at many stages, contributing to delay and cost | Most procedural disputes resolved at Directions Conferences — informal check-ins with a judge — reducing formal motion practice |
| Expert witnesses | Each side retains its own experts; no presumptive requirement to share | Presumptive joint experts for certain financial issues; expert conferencing (“hot-tubbing”) required in Trial Track to narrow disagreements before trial |
| Timeline to hearing | Highly variable; complex matters routinely take four to six years from filing to trial | Target of two years from close of pleadings for most cases (ambitious, not yet enforceable) |
| Mandatory mediation | Required in Toronto, Ottawa, and Essex County for most actions; optional elsewhere | Proposed expansion to all non-summary matters; settlement portion of pre-trials outsourced to mandatory mediation, with mediation as an alternative strongly promoted at every stage |
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Ontario Civil Lawsuit Timeline: How Long Does It Take Now vs. Proposed Target?
Estimated months from filing to hearing. Current averages reflect typical Ontario Superior Court timelines. CRR targets are proposed only — subject to government approval and court resourcing.
Source: Civil Rules Review Working Group, Final Policy Report, December 15, 2025 — ontariocourts.ca/scj. Timeline estimates are illustrative averages for planning purposes.
Nihang Law Professional Corporation · Law Society of Ontario · CRR targets are proposed and subject to government approval
Under the proposed new rules, you would need to have your key evidence organized and ready to share much earlier in the process — ideally before you even file your claim. The days of using discovery to “find” your evidence are ending; the new model rewards preparation and penalizes delay.
One important note: these reforms apply only to the Ontario Superior Court of Justice. If your claim is worth $50,000 or less, it falls under Small Claims Court, which follows a separate process not covered by the CRR reforms. Read our Small Claims Court blog post if your dispute may fall under that threshold.
How a Civil Lawsuit Would Work Under the Proposed New Rules: Step by Step
The following roadmap shows how a consumer or small business would navigate a civil claim if the CRR reforms are implemented. Each step is described in plain English. Remember: this reflects proposed changes; the current process may still apply to your claim.
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The Proposed New Ontario Civil Lawsuit Process: Step by Step
How a civil claim would move from pre-filing to hearing under the Civil Rules Review proposals. All steps are proposed and subject to government approval.
Exchange information with the other party and attempt to resolve the dispute before starting court proceedings. Failure to comply may result in cost consequences.
A single standardized online form replaces the current choice between Statement of Claim and Notice of Application. Service by email becomes an accepted option.
The court assigns your claim to the Application, Summary, or Trial Track based on its nature and value. Your track determines your timetable and evidence obligations.
Documents referenced in your pleadings must be attached and disclosed when your pleadings are served — the evidence-first model begins here, not at a later discovery stage.
Sworn witness statements, reliance documents, and known adverse documents are exchanged. In the Trial Track, limited oral examinations for discovery are retained (capped at 90 minutes per party).
Replaces most interlocutory motions — a judge informally reviews procedural disputes, disclosure disagreements, and scheduling. Fewer formal motion hearings means lower costs and faster progression.
Depending on your track: a summary hearing on the papers (Application or Summary Track), or a conventional trial with focused examinations (Trial Track). The CRR proposes most matters reach this stage within two years.
Source: Civil Rules Review Working Group, Final Policy Report, December 15, 2025 — ontariocourts.ca/scj
Nihang Law Professional Corporation · Law Society of Ontario · All steps are proposed and subject to government approval
What These Changes Mean for Real Ontario Claimants
The rules may be complex, but their effect on real people is concrete. Here are three scenarios drawn from the types of clients Nihang Law regularly serves across the GTA.
Scenario A — The Scarborough business owner owed $180,000. Under the proposed Summary Track, this claim would proceed on a default timetable without a full trial, targeting resolution within two years of pleadings closing. Before filing, the owner would first need to follow a pre-litigation protocol — sending a formal demand and attempting early resolution. The upside: faster timelines and lower legal costs compared to the current process, where a commercial dispute of this size can take four or more years.
Scenario B — The GTA homeowner in a property boundary dispute. Under the up-front evidence model, this homeowner would need to gather survey records, correspondence, and relevant photographs before filing — not months into the case. Speaking with a property dispute lawyer early means building the case correctly from day one rather than scrambling during a discovery phase that may no longer exist in its current form.
Scenario C — The employee pursuing a wrongful dismissal claim in civil court. Some employment claims — particularly those involving significant damages or complex contractual disputes — proceed through the Superior Court rather than employment tribunals. For these employment disputes in civil court, the new evidence-first model means the employee must have compensation records, the employment contract, and communications organized at the pleadings stage. As Principal Lawyer Qasim Ali at Nihang Law advises clients in this position: the time to prepare your case is before you file, not after — a principle the new rules are designed to enforce.
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What Changes for Your Type of Claim? Key CRR Reforms by Dispute Category
Find your dispute type below to see which track it may fall under and how the proposed reforms affect your process. All information reflects CRR proposals — not yet enacted as law.
| Dispute Type | Likely Track | Pre-Litigation Protocol (PLP)? |
Discovery Format | Target Timeline |
|---|---|---|---|---|
| Commercial & Contract Debt ($50K–$500K) |
Summary Track | Yes — required | Written witness statements + limited written interrogatories. No oral discovery on this track. | ∼2 years from close of pleadings |
| Property & Real Estate Dispute (boundary, title, construction) |
Summary or Trial | Yes — required | Up-front evidence model. If Trial Track: oral discoveries retained, capped at 90 min/party. | ∼2 years with scheduling flexibility |
| Wrongful Dismissal & Employment (Civil Court) (Superior Court claims) |
Summary or Trial | Yes — required | Up-front evidence exchange. Employment records and contracts required at pleadings stage. | ∼2 years from close of pleadings |
| Estate & Testamentary Dispute (wills challenges, estate claims) |
Application or Trial | Yes — estate-specific PLP proposed | Depends on track. Application Track: summary hearing on papers. Trial Track: up-front evidence + retained oral discovery. | 1–2 years depending on track |
| Small Claims ($50,000 or less) |
Small Claims Court | Not applicable | Not applicable — Small Claims Court follows its own rules, unchanged by the CRR | Separate process unchanged |
Source: Civil Rules Review Working Group, Final Policy Report, December 15, 2025 — ontariocourts.ca/scj. Track assignments are indicative; final track is determined by the court.
Nihang Law Professional Corporation · Law Society of Ontario · All information reflects proposed reforms, not enacted law
Common Mistakes Ontario Claimants Make — and How the New Rules Change the Stakes
Civil litigation is unforgiving of avoidable errors even under the current rules. Under the proposed reforms, some of these mistakes become significantly more costly. Before you take any steps, use Nihang Law’s litigation checker to assess where your dispute stands.
Frequently Asked Questions About Ontario’s New Civil Litigation Rules
Facing a Civil Dispute in Ontario?
Ontario’s civil litigation rules are changing. Our team stays current on every stage of the Civil Rules Review rollout so your strategy reflects today’s rules, not last year’s. Contact us to discuss your options.
Contact Nihang Law for a Consultation
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Civil Rules Review Working Group, Final Policy Report, December 15, 2025. Ontario Superior Court of Justice. ontariocourts.ca/scj/civil-rules-review/
- Ontario Superior Court of Justice, Practice Direction re February 1, 2026 Amendments to the Rules of Civil Procedure (venue requirements and mandatory forms). ontariocourts.ca/scj
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194. ontario.ca/laws/regulation/900194
- Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. ontario.ca/laws/statute/02l24
- Government of Ontario, “Civil claims — suing and being sued.” ontario.ca/page/civil-claims-suing-and-being-sued
- Government of Ontario, “Civil claims — simplified procedure (Rule 76).” ontario.ca/page/civil-claims-simplified-procedure
- Ontario Courts Public Portal — file civil court documents online. ontario.ca/page/file-civil-or-divisional-court-documents-online
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