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44 www.canadianlawyermag.com Lawyers say a proposal to shorten Ontario's litigation dispute timelines could prove challenging in the context of business disputes, writes Jessica Mach Jessica Mach Shortened dispute timelines problematic: business litigators SINCE THEY were first published in April, proposed reforms to Ontario's Rules of Civil Procedure have drawn concerns from lawyers across the bar. For business litiga- tors, one key concern is how the proposed rules would truncate litigation timelines so that disputes have to be resolved within two years – a change that could substantially shift how, where, and even if parties decide to pursue litigation. "I do think it's a little unrealistic, particu- larly in the commercial world, where you have potentially hundreds of witnesses, thousands of documents," says Craig Lockwood, a partner at Osler Hoskin & Harcourt LLP, of the two-year timeline. "The proof will be in the pudding, in the sense that we'll have to see how it plays out," Lockwood adds. "But it strikes me that you're going to have to cut corners in order to get that two-year window to be functional across the board … it doesn't really take into account the business realities." Brian Kolenda, a partner at Lenczner Slaght LLP, says that while such a timeline is not unusual for certain types of complex, high-stakes business disputes – like those on the commercial list – many others "would ordinarily take seven years to resolve." LEGAL REPORT COMMERCIAL LITIGATION "The cost and timing of that process is now going to be compressed," Kolenda says. He adds that that will "require clients to think very carefully about whether they're prepared to incur those costs or approach differently the question of potential resolution of a case." The proposed reforms were unveiled in a 122-page report by the Civil Rules Review Working Group, a committee launched by Ontario Attorney General Doug Downey and Ontario Superior Court of Justice Chief Justice Geoffrey Morawetz in 2024 to improve the provincial justice system. The CRR Working Group is distinct from the Civil Rules Committee, which has historically been tasked with reviewing adjustments to the Rules of Civil Procedure. The proposed changes are sweeping, with suggestions like eliminating oral examina- tions, changing document production obli- gations, and introducing new pre-litigation protocols. In the spring, several lawyers' organizations wrote to Downey to express apprehension about the proposed rules. One of those organizations, the Federation of Ontario Law Associations, raised concerns that most of the CRR Working Group's members served "big businesses and institutions" and therefore failed to take into account the needs of other types of lawyers, like those who practised personal injury and insurance law. Ironically, Lockwood, a member of Osler's litigation group, whose clients include major companies, suggests that the court's efforts to streamline proceedings could work better for insurance matters than commer- cial disputes – particularly complex cases "You're going to have to cut corners in order to get that two-year window to be functional across the board" Craig Lockwood, Osler Hoskin & Harcourt LLP