Legal Blog

Simplified Rules

Major amendments to the Simplified Rules (Rule 76) come into force on January 1, 2020. A listing of the changes follows:

• The monetary limit has been increased from $100,000 to $200,000.
• Simplified Rules trials cannot be conducted with a jury.
• Maximum discovery has been increased from 2 hours to 3 hours.
• There is only one method of trial; it is the equivalent of the previous summary trial. Evidence in chief must be delivered by way of affidavit and the parties may then cross-examine orally.
• Expert testimony must be given by way of an affidavit that attaches and confirms the expert’s report. The expert may be cross-examined at trial.
• The parties will have to set a trial management plan, which must be approved by a judge in advance.
• Trials may be no longer than 5 days.
• The maximum amount that may be awarded for costs is $50,000; the maximum amount for disbursements is $25,000. In each case, HST is in addition.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.