A MODEST AND PRINCIPLED PROPOSAL FOR CIVIL JUSTICE REFORM IN ONTARIO

Abstract

Ontario’s civil justice system is in crisis. The current system does not provide for “access to justice” under any sensible definition of the term and is increasingly inaccessible even for Ontario’s middle class. Consequently, lawyers and pundits have called for a massive increase in funding to the justice system. Such funding might address perceived needs such as modernization of the system, expanded legal aid, and pro bono programs. Rather than add to calls for increased funding, we trace out reform efforts that are unlikely to require a significant uptick in governmental investment.

Specifically, we advocate for: the creation of an Ontario Civil Resolution Tribunal; reforms to the jurisdiction and operation of the Ontario Small Claims Court; reforms to the Simplified Procedure; the introduction of what American jurists have termed “rocket docket” procedures for claims over $500,000; and multiple reforms to appellate procedures. In pursuing reforms to the civil justice system, we contend that the legislature and judiciary must keep in mind three underlying principles: (1) justice is an essential public service; (2) only through transparency can the judiciary attract public confidence; and (3) the justice system must be adaptive and flexible in implementing innovative policy changes.