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www.canadianlawyermag.com 45 involving multiple parties and issues arising over decades of events. Lockwood says he suspects that one of the most controversial proposals – elimi- nating oral examinations during discovery – would be key to cutting the corners neces- sary for meeting the two-year dispute time- line. While oral examinations typically occur outside the courtroom, Lockwood says, they can be lengthy; removing them from the equation could significantly shorten the dispute process. However, Lockwood says this prospect is troubling in the context of commercial litigation. For example, he argues that fraud cases can't be meaningfully litigated without discovery. "You need an opportunity to test the other side's evidence," he says. "You need to explore the depths of what they produced, what they haven't produced. You need to basically test the veracity of their story, and oral discovery is really the only opportunity to do that." Another time-saving measure that could pose problems is the proposal to resolve procedural issues through conferences rather than motions. In its report, the CRR Working Group noted that Ontario's current "motions culture" effectively allowed litigants "to become entangled in endless battles over the process that will govern how the dispute will be litigated." The working group said this norm was costly and often introduced substantial delays. "My suspicion is there's going to be a very high bar to get motions heard, because [the courts are] going to view them as an impediment to expedient justice," Lockwood says. NOTABLE PROPOSED CIVIL RULES REFORMS Addressing the "burden of discovery" by requiring parties to only disclose documents that they intend to rely on as well as all known adverse documents Eliminating oral examinations in favour of sworn witness statements Requiring parties to reach a final resolution within two years of initiating a case Resolving procedural issues through conferences rather than motions