Amendments to Rule 76 of the Rules of Civil Procedure
were filed on October 23, 2019. These amendments, effective January
1, 2020, will see major changes to how litigation is conducted for
many actions, particularly personal injury matters not involving
threshold issues. Related amendments to section 108 of the
Courts of Justice Act came into force earlier this
year.
In an effort to streamline and reduce the costs of litigation,
jury trials will no longer be permitted in Rule 76 actions and the
monetary jurisdiction will be increased to $200,000. Jury trials
will be permitted for actions below $200,000 only for slander,
libel, malicious arrest or prosecution, and false imprisonment, but
they must proceed or continue as an ordinary action. If the jury
notice is subsequently struck out, then the action is to be
continued under Rule 76.
