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ARTICLE · 11 FEBRUARY 2026

New Pre‑Litigation Procedures

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This overview summarizes the new pre‑litigation procedures proposed in the Ontario Civil Rules Review Final Policy Proposals. It focuses on what will be expected before...

CanadaLitigation, Mediation & Arbitration
Mitchell C. Brown
Mitchell C. Brown
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This overview summarizes the new pre‑litigation procedures proposed in the Ontario Civil Rules Review Final Policy Proposals. It focuses on what will be expected before a claim is issued and the practical consequences the Court may impose for non‑compliance. The aim of these new procedures is to reduce delay and cost by front‑loading basic information exchange and encouraging real settlement efforts before litigation starts.

1. Pre‑Litigation Protocols

The proposal introduces pre‑litigation protocols (PLPs) that set out modest, clear steps parties are expected to take before commencing a civil proceeding. Ontario does not currently have PLPs; the proposal draws from long‑standing practice in England and Wales and other jurisdictions.

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