Andrew Valela
Davies Howe LLP
Broad reforms have been proposed to Ontario’s Rules of Civil Procedure (the “Civil Rules”)[1] that will fundamentally change the way civil disputes are litigated in Ontario. The proposed changes may impact proceedings under the Expropriations Act (the “Act”),[2] since the Ontario Land Tribunal (“OLT” or “Tribunal”) incorporates the Civil Rules by reference in expropriation proceedings.[3] This article will summarize some of the major changes being proposed to the Civil Rules and will comment on how they may impact Tribunal proceedings under the Act.
Background
On January 25, 2024, Attorney General Downey and Chief Justice Morawetz launched the Civil Rules Review (“CRR”), with a mandate of identifying issues and developing proposals for reforming the Civil Rules to make civil court proceedings in Ontario more efficient, affordable, and accessible.
On April 1, 2025, the CRR Working Group published its Phase 2 Consultation Report (the “Report”),[4] which outlines the new procedural model proposed for civil proceedings in Ontario. The proposed new model will apply to all civil cases commenced in the Ontario Superior Court of Justice, excluding the Small Claims Court, with modifications to some types of proceedings that involve unique policy considerations or legislative schemes (such as class proceedings and insolvency proceedings). The changes being proposed in the new model, if approved, would constitute a significant departure from the procedure that has formed part of Ontario’s civil system for decades.
The final phase of the CRR will involve refinement, drafting, and implementation of the approved reforms, with implementation being targeted for 2026.
Proposed Reforms
Below is a summary of some of the major changes outlined in the Report, focusing on those which have the potential to impact expropriation proceedings:
Commencing a claim: Claims will be commenced by way of a single online, fillable standard claim form, which will include a series of questions to ensure that essential information is included in every claim. A similar online, fillable form will be developed for other types of pleadings, such as a statement of defence.
Up-front evidence model: Parties will be required to produce documents at an early stage of the proceeding, beginning with an initial disclosure obligation that will require a party to produce all non-publicly available documents referenced to in its pleading at the time the pleading is served. After the close of pleadings, the parties will then be required to exchange sworn or affirmed witness statements, along with all documents which they intend to rely upon to prove their case and any “known adverse documents” (although the question of what constitutes a “known adverse document” is still the subject of ongoing debate).
Supplementary disclosure: Supplementary disclosure will be available through “Redfern Schedule” requests (a format regularly used in arbitrations), with the caveat that additional documents requested must be relevant and material, and the request must be narrow, focused and specific. Any required rulings on disputed Redfern Schedule requests will be addressed at a Directions Conference, which is a conference held to address outstanding issues in a case beyond scheduling issues. Additional information may also be sought through a limited number of written interrogatories.
Elimination of oral discovery: With the introduction of the up-front evidence model, oral examinations for discovery are proposed to be eliminated entirely.
Curbing motions practice: The traditional motion process will be replaced largely by Directions Conferences. Interlocutory relief that is more procedural in nature, including requests for production of additional documents, will be presumptively decided at a Directions Conference as opposed to a formal motion. Although motions will not be eliminated, they will be reserved for relief that requires a more fulsome evidentiary record or legal submissions.
Impact on Expropriation Proceedings
The OLT Rules of Practice and Procedure (“OLT Rules”) provide that the Civil Rules apply to Tribunal proceedings under the Act, subject to the discretion of the Tribunal.[5] For example, when dealing with procedural matters involving documentary and oral discovery in expropriation proceedings, the Tribunal typically refers to the Civil Rules since the OLT Rules do not contain detailed provisions regarding discovery. The same applies to the form and content of pleadings.
Given their expansive nature, it is likely that the proposed reforms, if adopted, will impact expropriation proceedings including, possibly, the process of initiating a claim.
The introduction of a standard claim form in the Civil Rules may require the Tribunal to develop its own claim form for expropriation proceedings. The proposed reforms will also require parties to produce documents at an earlier stage, although the obligation for the parties to produce all relevant documents will be eliminated, which could lead to production disputes. While witness statements are already required by the OLT Rules, the elimination of oral examinations for discovery will result in a fundamental shift in procedure.
To date, discoveries have been a critical component of the information gathering process in litigation and can be used effectively in expropriation cases. Disputes regarding documentary and oral discovery, which the Tribunal currently adjudicates through motions in writing, may instead be dealt with at Case Management Conferences, which would require an attendance but not the filing of fulsome materials.
Conclusion
It remains to be seen whether the Tribunal will continue to incorporate the Civil Rules in expropriation proceedings following the implementation of the approved reforms or seek a different operational system.
We will continue to monitor developments in this area and will wait to see how the approved changes to the Civil Rules play out in expropriations practice.
[1]Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
[2]Expropriations Act, R.S.O. 1990, c. E.26.
[3]Ontario Land Tribunal Rules of Practice and Procedure, s. 1.4, 26.3.
[4]Civil Rules Review Phase 2 Consultation Report, by Ontario Superior Court of Justice & Ministry of the Attorney General (Ontario) (2025).
[5]Ontario Land Tribunal Rules of Practice and Procedure, s. 26.3.