FORT FRANCES — A government-appointed panel is proposing big changes to how Ontarians can seek justice through civil law, and many lawyers in the region aren’t happy with it.
The Civil Rules Review Working Group released a 133-page consultation paper on April 1 and gave everyone 75 days to comment.
That’s “not enough time to consider such a significant reform to, really, the brass tacks of how we administer civil justice in Ontario,” said Douglas Judson, president of the Rainy River District Law Association.
“Everyone has asked for more time. Everyone has asked for the deadline to be pushed out further, and so far the working group and the attorney general have been unclear as to whether further time will be provided,” the Fort Frances lawyer said in an interview this week.
A spokesperson for the Ministry of the Attorney General told Newswatch in an email that the proposals “are open for public feedback until June 16, 2025. We look forward to reviewing their final report.”
No answer was given to the question of whether the time period for comment might be extended.
“The Attorney General and Chief Justices of the Court of Appeal and the Superior Court of Justice share a vision for a civil justice system that is effective, responsive and timely,” the email said.
One change recommended by the working group would put civil litigation out of financial reach for everyday people, Judson said.
Lawyers often accept small retainers at the outset of a civil action because your average person can’t afford to put up $30,000, he explained.
“What the proposals are doing is turning everything on its head. They’re trying to make the civil justice system faster by forcing parties to essentially prepare for trial right at the outset of the proceeding, which means that they’re requiring everyone to develop sworn witness statements of their evidence right at the beginning of the legal proceeding.
“That is a significant ask. It comes with a significant price tag, and it’s one that most people are not going to be able to pay.
“What’s going to happen is that law firms are now going to be asking for the retainer instalments they would need before trial right at the beginning of the file. And most people simply can’t afford that.”
A joint statement from the Rainy River association and the Kenora and Thunder Bay law associations notes that civil justice is already too expensive for many.
“Everyday Ontarians with modest claims (employment, wrongful dismissal, contract disputes, personal injury) will be shut out entirely – an unacceptable outcome in a just society,” they say.
“If the goal of the working group is to remove the congestion of Ontario’s courts, it is not an acceptable answer to simply price citizens out of the process.”
In fact, Judson said, the recommended changes would “remove steps in the process that right now take matters off of the trial list” because parties settle out of court.
“In my view,” he said, “it defeats the purpose of the goals of what our justice system is all about if we are crafting that system and creating barriers to entry and participation so that everyday people can’t make use of it.”
