THUNDER BAY — June 10, 2025 – The Thunder Bay Law Association, Rainy River District Law Association, and Kenora District Law Association are raising alarm bells over sweeping reforms proposed by a Toronto-based working group that could drastically alter Ontario’s civil justice system—and not for the better.
Representing lawyers serving rural and northern communities across Northwestern Ontario, the three associations have joined forces to speak out against changes that they argue could increase legal costs, diminish access to justice, and disadvantage everyday Ontarians.
“Civil justice is already financially inaccessible to many Ontarians,” the associations said in a joint statement. “These changes will make it worse, not better—and they’re being rushed forward with minimal consultation from rural and northern communities.”
Sweeping Changes, Minimal Input
The proposed changes—drafted by the Civil Rules Review Working Group, appointed by the Ford government—represent a radical overhaul of the Rules of Civil Procedure. These rules govern legal actions before the Superior Court of Justice, where Ontarians address personal injury claims, estate disputes, contract breaches, employment issues, and more.
The Federation of Ontario Law Associations (FOLA), which represents 46 local law associations across the province, has also unanimously passed a resolution warning that these reforms could price individuals and small businesses out of the justice system altogether.
“This working group is dominated by Toronto-based institutional lawyers,There is not one member practicing in a northern or rural context. That’s a serious oversight for reforms that are supposed to serve all Ontarians.”
Costly Upfront Requirements Could Shut Out Everyday Litigants
One of the most controversial changes is the proposed shift to an “evidence-first” model, which would require litigants to front-load their cases with witness statements, expert reports, and trial documents immediately after filing a claim. This could push legal retainers into the $25,000–$125,000 range before cases even reach a courtroom, compared to typical early retainers of $850 to $5,000.
“This change will force most people to abandon their claim entirely,” local lawyers warned. “It’s a recipe for inequality—and it’s being sold as efficiency.”
Oral Discovery at Risk: Undermining Fairness
The proposal also includes eliminating oral discoveries in favour of written statements. For litigants going up against corporations, institutions, or insurers, oral discovery is often their only chance to test the other side’s evidence and credibility.
“Oral discovery is a key equalizer,” the associations argue. “Removing it stacks the deck against self-represented litigants, personal injury plaintiffs, and people with fewer resources.”
Unrealistic Timelines, Under-Resourced Courts
The legal community is also pushing back against the rapid consultation window: just 75 days to respond to a 133-page consultation paper released April 1. By contrast, past reforms took years of thoughtful consultation and pilot programs.
Adding insult to injury, courts across Ontario—especially in northern regions—are already overwhelmed. Ontario civil courts handled over 768,000 active cases in 2022–2023, and resource shortages have resulted in delays, adjournments, and trial backlogs. Without added funding or judicial appointments, further procedural demands could cripple the system.
“We don’t need to break the system to fix it,” lawyers stated. “We need smarter investment and real regional consultation.”
What Local Lawyers Are Asking For
The associations are calling on the provincial government to:
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Extend the consultation period to 12 months for meaningful engagement;
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Undertake a data-driven analysis of the justice system before implementing reforms;
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Include rural and northern representation in reform discussions;
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Pilot reforms in selected jurisdictions before province-wide implementation;
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Increase judicial appointments and court resources to handle procedural demands.
The group has formally contacted MPPs Greg Rickford and Kevin Holland to urge them to advocate for Northwestern Ontario’s legal and public interests in this critical discussion.
Why This Matters to All Ontarians
Civil court affects everything from job disputes and injury claims to housing, business disagreements, and family estate issues. Reforms must enhance—not undermine—Ontarians’ ability to access justice.
“This is about fairness,” local lawyers concluded. “Justice shouldn’t only be for the wealthy or well-resourced. If these reforms go ahead as proposed, that’s exactly what Ontario risks becoming.”
