Changes To Disclosure Rules For Partial Settlements In Ontario Civil Litigation

Effective June 16, 2025, significant changes are coming to Ontario's Rules of Civil Procedure regarding the disclosure of partial settlement agreements, as set out in O. Reg. 50/25. The amendments to Rule 49 mandate immediate disclosure of any partial settlement agreement and provide the Court with various powers and discretion to address non-compliance.

Under the revised Rule 49.14, immediate disclosure of any partial settlement agreement is required, whether the agreement is written or unwritten. This must occur within 7 days of the agreement being reached, or sooner, if a settling party takes a further step in the proceeding or if a hearing is already underway. These amendments apply to both actions and applications.