New rules to speed up civil justice system in Ont.
Last Updated: Tuesday, December 29, 2009 | 9:43 AM ET
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The wheels of justice should turn a bit more quickly in Ontario's civil courts starting Jan. 1, as several major changes guiding how the province's civil justice system is run take effect.
The new rules, which are based on recommendations from the Civil Justice Reform Project, are designed to speed up, simplify and lower the cost of resolving disputes.
Susan Guzzo, a lawyer with the Toronto firm Paterson MacDougall described the coming changes to the civil court system as "sweeping."
The new rules will lead to a number of changes, including new rules on how expert witnesses are used, and new processes to guide how cases are managed.
New rules could end 'fishing expeditions' in discovery
The regulations will also limit examination for discovery — the period when witnesses are questioned at the beginning of a lawsuit — to one day, unless both parties or the court decide more time is needed. Currently, there are no restrictions limiting the amount of time for discovery.
"They can be protracted events that go on for days and weeks on end," Guzzo said. She said the new rules limiting the amount of time lawyers can spend in discovery will help end "fishing expeditions" that can bog down lawsuits and could "hugely reduce" legal fees to clients.
"No longer do the parties get to just go in and ask whatever the heck they want," Guzzo said.
The new rules also increase the maximum claim amount for cases filed in small claims court, to $25,000 from $10,000. The limit hadn't changed since 2001, when it was increased from $6,000 to $10,000.
Ontario Attorney General Chris Bentley said the changes should help make the civil justice system more affordable.
"The homeowner going after somebody who didn't do a great job on home renovations, for example, they could never afford to take it to the higher court. But now they can get some justice in the small claims court," Bentley said.
The rules will also introduce new processes designed to simplify procedures, and it give judges more leeway to issue rulings in the earliest stages of a case.
The Civil Justice Reform Project was initiated in June 2006, and was led by former Associate Chief Justice Coulter Osborne.
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