FOLA, Other Legal Organizations Press Attorney General for Extension on Civil Rules Reform Feedback
Legal Organizations Seek More Time for Feedback
In a move to ensure thorough consultation, several Ontario legal organizations have requested an extension on the deadline for feedback on proposed civil rules reforms. FOLA, the Ontario Trial Lawyers Association, and Canadian Defence Lawyers are among those seeking more time, emphasizing the need for meaningful consultation.
Background on the Civil Rules Review
Launched in January 2024 by Chief Justice Geoffrey Morawetz and Attorney General Doug Downey, the Civil Rules Review aims to enhance the efficiency and accessibility of Ontario’s justice system. This two-year initiative is structured into three phases: Scoping, Study and Policy Proposal Development, and Approval and Implementation.
Proposed Reforms
The working group’s 122-page report outlines significant changes, including a shift from relevance-based to modified reliance-based discovery and resolving procedural issues through conferences. These reforms aim to redesign the civil justice framework comprehensively.
Ongoing Discussions
The Law Society of Ontario will host an event on May 12, 2025, to delve into the proposed changes. Legal organizations continue to advocate for an extended deadline to provide detailed feedback, ensuring the reforms meet the needs of all stakeholders.
Legal Organizations Highlight Concerns in Letters
Multiple legal organizations have expressed their concerns regarding the tight deadline in formal letters sent to Attorney General Doug Downey. The Federation of Ontario Law Associations (FOLA), the Ontario Trial Lawyers Association (OTLA), and Canadian Defence Lawyers (CDL) each submitted their letters in April 2025, detailing the challenges posed by the June 16 deadline for feedback on the proposed civil rules reforms.
FOLA’s Letter Highlights Disparity in Time Allocation
FOLA’s April 22 letter underscored the inequity in the timeline provided for stakeholder feedback. The organization pointed out that while the Civil Rules Review working group had 16 months to draft the proposed reforms, stakeholders were only given approximately two-and-a-half months to respond. This disparity makes “meaningful member consultation challenging,” according to FOLA. The organization emphasized the need for adequate time to ensure that all stakeholders can provide thorough and considered feedback on the significant changes proposed.
Ontario Trial Lawyers Association Stresses Complexity of Reforms
In their letter, the Ontario Trial Lawyers Association (OTLA) echoed FOLA’s concerns, highlighting the complexity of the proposed reforms. The organization noted that the changes, particularly the shift from a relevance-based standard of disclosure to a modified reliance-based standard, require extensive analysis and consultation. OTLA stressed that the current deadline does not allow sufficient time for legal professionals to fully understand and assess the potential impact of these reforms on their practice and clients.
Canadian Defence Lawyers Emphasize Need for Practical Assessment
Canadian Defence Lawyers (CDL) also expressed concerns about the tight timeline in their letter to Attorney General Downey. The organization emphasized the importance of allowing adequate time for stakeholders to consult with their members and assess the practical implications of the proposed reforms. CDL highlighted that the changes would fundamentally alter the civil justice framework in Ontario, necessitating a thorough evaluation to ensure the reforms are both practical and fair for all parties involved.
Conclusion
The concerns raised by legal organizations such as FOLA, OTLA, and CDL highlight the pressing need for an extension of the feedback deadline for the proposed civil rules reforms. These organizations have emphasized the complexity and significance of the reforms, particularly the shift to a modified reliance-based standard of disclosure. The current timeline does not provide adequate opportunity for stakeholders to thoroughly analyze and provide meaningful feedback, potentially leading to reforms that may not fully address the needs of legal professionals and their clients.
Given the substantial impact these reforms could have on Ontario’s civil justice framework, it is crucial that all stakeholders, including legal associations and practitioners, are given sufficient time to evaluate and respond to the proposed changes. Ensuring a fair and practical civil justice system requires careful consideration and collaboration, which can only be achieved with an extended consultation period.
Frequently Asked Questions (FAQs)
Why are legal organizations concerned about the June 16 deadline?
Legal organizations are concerned because the deadline provides only two-and-a-half months for stakeholders to review and respond to complex reforms, which were developed over 16 months. This limited timeframe makes meaningful consultation challenging.
Which legal organizations have expressed concerns about the deadline?
The Federation of Ontario Law Associations (FOLA), the Ontario Trial Lawyers Association (OTLA), and Canadian Defence Lawyers (CDL) have all submitted letters expressing concerns about the tight deadline for feedback on the proposed civil rules reforms.
What specific reforms are causing concern among legal professionals?
The proposed shift from a relevance-based standard of disclosure to a modified reliance-based standard is a key area of concern. This change requires extensive analysis to understand its implications for legal practice and clients.
What could happen if the deadline is not extended?
If the deadline is not extended, stakeholders may not have enough time to fully assess the reforms, potentially leading to unintended consequences and a civil justice system that is not practical or fair for all parties involved.
