FOLA: Ontario’s Proposed Civil Justice Reforms Will Price Out Everyday People

For immediate release: June 16, 2025

The Federation of Ontario Law Associations (FOLA), representing 46 county and district law associations across Ontario, has submitted its formal response to the Civil Rules Review (“CRR”) Working Group regarding Phase 2 of proposed reforms to Ontario’s Rules of Civil Procedure. While FOLA supports efforts to improve efficiency and access to justice, it warns that the CRR Working Group’s proposals risk undermining fairness, affordability, and the truth-seeking foundation of Ontario’s civil justice system.

FOLA’s submission highlights that the proposed reforms—particularly the shift to an up-front litigation model—will significantly increase costs for litigants, potentially pricing out individuals and small businesses. “The average person cannot afford the proposed up-front costs,” said Allen Wynperle, Chair of FOLA. “This model could lead to more self-represented litigants and fewer people accessing justice.”

The organization also expressed concern over the lack of empirical data supporting the proposed changes. “System-wide reforms should be evidence-based,” Wynperle emphasized. “The CRR Working Group has not provided quantitative data to justify these sweeping changes.”

Key issues raised include:

• Increased litigation costs: FOLA estimates the proposed model could double the cost of a typical small business dispute.

• Strain on judicial resources: Mandatory scheduling conferences for 60,000 cases annually could overwhelm the courts.

• Loss of discovery: Eliminating examinations for discovery would reduce the ability to uncover critical evidence and assess risk.

• Expert “hot-tubbing”: FOLA argues this practice undermines the role of the judge and increases costs substantially.

FOLA recommends targeted reforms, including increasing the simplified procedure limit to $350,000, implementing transition rules, and streamlining procedural motions.

“Our civil justice system is admired globally for its fairness and accuracy,” said Wynperle. “We must not sacrifice these principles in the name of speed.”

FOLA’s Submission to the Civil Rules Review Working Group

Click here to download FOLA’s submission.

About FOLA

FOLA is a non-profit organization that represents Ontario’s 46 county and district law associations. Most of FOLA’s members are sole practitioners or work in small firms across the province.

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Contact:

Ian Hu

Director of Policy & Advocacy, FOLA

Email: ian.hu@fola.ca