Call us: (905) 366 9700

SNF News

The Opening of the Courts: Chief Justice Morawetz’s Speech

Posted on October 3, 2024 | Posted in SNF News

On September 23, 2024, Chief Justice Morawetz gave a speech at the annual Opening of the Courts, in which he provided an update on the work of the Civil Rules Review, which our own Allison Speigel is co-chairing along with Justice Cary Boswell.

His remarks concerning the work of the Civil Rules Review were as follows:

One significant measure towards addressing our Court’s backlog and the culture of complacency in the area of Civil, is a commitment to a complete reform of the Civil Rules of Procedure.  Rules that have not been updated for 40 years.

Last Fall, Attorney General Doug Downey and I announced a Civil Rules Review. We assembled a team dedicated to this work.  It is co-chaired by Justice Cary Boswell and Allison Speigel, and includes members of the judiciary, members of the private and public bar and expert legal academics.

The group launched phase one of their work in January.

From the outset, I hoped for bold and inspired thinking.

When the working group submitted its Phase One report in May, I was not disappointed. I would like to give you just a small sample of what members have prioritized for further study.

  • A renewed focus on how the rules can embolden case management to hold parties accountable to keeping cases on track, preventing unreasonable positions, reducing litigation gamesmanship and ensuring that procedural steps do not take priority over substantive matters.
  • Studying the idea of offering parties the option of judicial dispute resolution.
  • Studying ideas that aim to strengthen the enforcement of court orders.
  • Studying an approach to overhauling the rules as it relates to the admissibility and use of expert evidence which has increased the cost and duration of trials over the years.

The Civil Rules Review Working Group have taken on an immense project. And let me be clear – the objective is not just to tinker with the Rules, it is a wholesale reform.  The group is tasked with conducting a comprehensive and complete review of the Rules to identify the necessary changes which would increase efficiency and access to justice for Ontarians, reduce complexity and costs, and maximize the effective use of court resources.

And the mandate for the Civil Rules Review is not simply to provide a report of its recommendations for further study.  They are tasked with delivering detailed policy proposals on Rule reform to be delivered to the Attorney General and I by the end of June 2025 so that the policy proposals, where approved, can be drafted and processed by the end of 2025.

While I recognize that a reform of the Civil Rules is not a panacea for all that ails the civil justice system, it is a start.

It is not only a significant step towards our civil justice system’s modernization but should also be an important tool in addressing our Court’s backlog by addressing the culture of complacency and the “motion culture” that contributes to this delay.  This will be one giant step for access to the civil justice system in Ontario.

Once a reform of the Civil Rules is done, there will of course be more work needed in our civil justice system.

In the meantime, I would like to thank the Civil Rules Review Working Group for this important service to the public and congratulate them for their swift and creative work so far. I wish you all the best for phase two of your collaboration.”

His full speech can be found here: https://www.ontariocourts.ca/scj/news/speeches/oc/

Share:

Download our free checklist:

“10 Questions to ask before hiring a law firm”

DOWNLOAD

Speigel Nichols Fox LLP