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ARTICLE · 22 NOVEMBER 2019

Significant Changes Coming To Rule 76: Simplified Procedure

McLeish Orlando LLP
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Rule 76 of the Rules of Civil Procedure introduced a mandatory and streamlined procedure for modest claims of $100,000 or less.

CanadaLitigation, Mediation & Arbitration
William Harding
William Harding
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Rule 76 of the Rules of Civil Procedure introduced a mandatory and streamlined procedure for modest claims of $100,000 or less. The objective of Rule 76 is to reduce the cost of litigation and to make the process more accessible and affordable.

Although there are clear benefits of the simplified procedure process, some litigants have been reluctant to use it. This holds true especially in personal injury actions. Many personal injury lawyers routinely claim the insured defendant's policy limit (typically $1-2 million), even if damages clearly fall below $100,000, taking the action out of the jurisdiction of simplified procedure and into ordinary procedure.

The Ministry of Attorney General announced several changes to Rule 76, which will come into effect on January 1, 2020.

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