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The Ontario Trial Lawyers Association (OTLA) opposes significant changes to Ontario’s civil court rules, particularly plans to eliminate oral discovery. If this process is eliminated in a court proceeding, it could make it difficult to present solid evidence.
What Is the Discovery Rule?
Oral discovery is a pre-trial procedure in Canadian civil litigation. Solicitors from each party question opposing parties or anyone who may be involved in a lawsuit. These questions are asked under oath and recorded by a court reporter. The purpose of this process is to enable parties to gain a deeper understanding of the other party’s perspective and to evaluate their own case.
Why the OTLA Considers Oral Discovery Essential
The OTLA believes that oral discovery is essential to their members’ cases for evaluating risk, gaining admissions, and properly preparing a case. Oral discovery helps settle cases, and removing this procedure will likely lead to more trials.
According to our Managing Partner and OTLA Vice President, Joanna Sweet, evidence is not presented directly in documents. The oral discovery procedure enables solicitors to obtain key evidence that may only be available from an opposing party’s statement.
The OTLA’s Alternative Proposal for Oral Discovery Reform
Instead of eliminating the oral discovery process, the OTLA suggests limiting oral discovery to 3 hours per party, with the option for obtaining consent to extend the time. Additionally, it must occur within 12 months of the defence filing.
Additional Concerns Raised by the OTLA
According to an article from Law360, the OTLA raises other concerns about the proposed changes that involve:
The Proposal to Produce Documents in Advance of Litigation
This proposal addresses concerns about privacy breaches, harm to vulnerable claimants, and increased costs, which could create barriers to justice.
Mandatory Sworn Witness Statements Within 6 Months
A proposal to require sworn witness statements within six months would create extra costs and work for parties, especially claimants. In most cases, this is not needed because cases usually settle.
Lack of Trauma-Informed Approaches for Vulnerable Claimants
The association says any rule changes proposed must consider access to justice and the impact on trauma survivors. This includes the risks of requiring people to share private information prematurely, especially with unrepresented defendants.
Our Commitment to Your Case Despite Changing Rules
At Greg Monforton & Partners, we recognise the importance of thorough discovery procedures and how they help us to develop compelling cases for our clients. These proposed changes could significantly impact how we gather evidence and prepare your case for the best possible outcome.
We remain committed to staying informed about these developments and adapting our approach to continue delivering the exceptional legal representation you deserve. Our team will continue to monitor these rules to ensure we are always prepared to protect your interests and fight for the compensation you deserve.
