Ontario Superior Court of Justice Trials

Simplified Procedure Trials increase to $200,000

On January 1, 2020, the simplified procedure limit increases to $200,000. There are a number of changes that go with the increase.

Claims Started after January 1, 2020

There are two important changes for claims started on or after January 1, 2020.

First, the right to a trial by Jury is eliminated for many types of cases except those listed in section 108 of the Courts of Justice Act and slander, libel, malicious arrest, malicious prosecution and false imprisonment claims.

Second, costs are capped at $50,000 or disbursements are capped at $25,000, excluding HST.

All Claims, Regardless of When Started

There are a number of changes that will affect all simplified procedure claims.

First, and most significantly, the limit increases to $200,000.

Second, discovery rights move from 2 hours to 3 hours.

Third, experts must present their reports in an affidavit.

Fourth, trials are capped at 5 days. To get the trial done in 5 days, the concept of a “Trial Management Plan” is introduced, which requires the parties before the pre-trial conference to carve up the 5 days of trial time.

Fifth, trial records will be required to include the approved “Trial Management Plan” and all trial affidavits, including the expert affidavits.

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