FOLA deeply concerned over Ontario government's civil rules reform process

The membership’s concerns included the following: 

• The contemplated changes could negatively impact access to justice 
• Rising litigation costs could discourage Ontarians from seeking relief under the law 
• Settlement opportunities could decrease, which would go against policy objectives 
• Removing certain discovery processes could put a strain on judicial resources 
• Personal injury litigants, whose pursuit of recourse frequently depends on procedural fairness, could face unique obstacles 

Douglas Judson, president of the Rainy River District Law Association, moved for the FOLA to adopt the resolution. 

“This is a pivotal moment for civil justice in Ontario,” Judson said in the news release. “We must ensure that reforms do not inadvertently create new barriers for the very people the justice system is meant to serve.” 

Call on the government

According to the FOLA’s news release, the resolution urged the Ontario attorney general and the working group to: 

• ensure that the contemplated changes reflect and represent the diverse realities of civil litigation across Ontario 
• reconstitute the working group to include regional, rural, and bilingual representation and fully reflect the province’s legal system 
• meaningfully consult with lawyers from all of Ontario’s regions and practice areas 
• base recommendations on empirical data, not on the anecdotal insights of a limited portion of the bar 
• make the resolution available to legal organizations and the public 

Katie Black, the County of Carleton Law Association’s president, seconded the resolution. 

The FOLA, a non-profit organization, represents the province’s 46 county and district law associations. Its membership primarily consists of Ontario’s sole practitioners and lawyers working at small law firms.