January 12, 2024

Case Conferences - The Solution to the Court Backlog

Warning to litigants and counsel: do not use the backlog to your tactical advantage.

In Ontario's civil justice system, significant delays have become commonplace, with scheduling for motions extending well into future years. This issue, highlighted in recent rulings, points to the need for stricter adherence to procedural norms.

Judicial attention is increasingly focused on ensuring compliance with the Rules of Civil Procedure, particularly regarding Discovery Plans and Expert Report Schedules. This shift suggests a growing intolerance for procedural non-compliance and emphasizes the necessity of rule adherence for efficient legal processes.

The evolving legal landscape in Ontario indicates a move towards a more disciplined approach to case management. This approach aims to mitigate delays and uphold the effectiveness of the justice system, underscoring the importance of following established procedural guidelines for timely case resolution.

For more information, please refer to the cases:

  1. Think Research Corporation v. N & M Medical Enterprises, 2023 ONSC 6910
  2. Miller v. Ledra et al., 2023 ONSC 4656
  3. Plaxiy v. Fedun, 2023 ONSC 6459
  4. Edenshaw Toronto Developments v. Diamond Luxury Developments, 2023 ONSC 6155
  5. Hussain v. De Borja, 2023 ONSC 5828
  6. Davies v. Cancom Global Security Inc., 2023 ONSC 5589


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