The new year will be ushered in with substantial changes to Rule
76 of the Rules of Civil Procedure relating to the
simplified procedure, with amendments taking effect on January
1st, 2020. Related changes to the Courts of Justice
Act have also been implemented. The amendments are
part of an effort to reduce the costs and delays associated with
litigation, as well as to preserve judicial resources, and are
anticipated to have significant ramifications to the practice of
personal injury and other areas of litigation in Ontario.
The changes may well facilitate access to justice for litigants,
particularly for accident victims with shallower pockets than their
insurance company counterparts. Litigants with limitation periods
expiring after the January 1st, 2020 changes should
consider whether the newly amended simplified procedure is best
suited to their litigation strategy and issue their claims
accordingly.
