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ARTICLE · 29 JANUARY 2010

Environment, Energy & Resources Law Report - Special Litigation Report - January 2010

Willms & Shier Environmental Lawyers LLP
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The Ontario Ministry of the Attorney General has made sweeping changes to the Superior Court of Justice’s Rules of Civil Procedure.

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Ontario's Court Rules undergo a significant overhaul

The Ontario Ministry of the Attorney General has made sweeping changes to the Superior Court of Justice's Rules of Civil Procedure. The primary objective of the revisions, which took effect January 1, 2010, is to make the judicial system more accessible and more affordable. Among the changes and additions, the new Rules will:

  • integrate the concept of proportionality into Court procedures
  • codify the duties of experts
  • reform the often lengthy and costly discovery procedure
  • provide ways to bring about an earlier disposition of matters

Proportionality

To reduce the costs of litigation, the new Rules direct the Court to take into account the importance and complexity of the issues and the amounts involved when making orders (including orders for costs) or giving directions. Proportionality is exhibited in amendments that narrow the scope of oral and documentary discovery, increase the powers of the

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