Breaking The Bottleneck: Enhancing Efficiency In Legal Processes

• Published date: 05 April 2024
• Law Firm: Miller Thomson LLP
• Author: Ms Emily Durst

The current delays plaguing the civil justice system in Ontario represent a significant problem. There are many reasons that civil cases are slow to be heard on the merits, including (i) the use of procedural steps to intentionally cause delay and frustrate progress, (ii) regular non-compliance with the Rules of Civil Procedure¹ that result in adjournments; and (iii) judicial vacancies. These issues have been exacerbated by the backlog created during the COVID-19 pandemic as courts have sought to prioritize criminal and family matters. It is not uncommon to wait several months, and in some cases over a year, to secure a date for a motion to address procedural matters that arise throughout the litigation process.

Understandably, the backlog and delays have left litigants feeling frustrated and powerless. Increasingly, the courts are echoing this frustration and are looking for ways to assume greater control of the court's process and resolve disputes in a more timely fashion. Examples of this are found in the recent decisions of Miller v. Ledra et al.² and Think Research Corporation v. N&M Medical Enterprises,³ wherein, in each case, the court sought to achieve that goal by awarding substantive relief at a case conference.

Case conferences are often used to address procedural, timetabling and other issues to avoid the need for a formal motion and to arrange for the orderly adjudication of motions where needed. Typically, it is much faster to obtain a date for a case conference than it is for the hearing of a motion or application. Rule 50.13(6) of the Rules provides...