The Ontario civil court structure
Small Claims Court hears claims up to $35,000 with a streamlined, plain-language procedure. The Superior Court of Justice has inherent jurisdiction over virtually every civil matter above $35,000 with no upper monetary limit. The SCJ's Commercial List (Toronto, established 1991; East Region recently launched) hears receiverships, CCAA and BIA proceedings, oppression remedies, complex contract and shareholder disputes, and the extraordinary fraud remedies. Effective October 14, 2025, all Toronto civil filings — including Commercial List, Bankruptcy, and Contested Estates — must be submitted through the Ontario Courts Public Portal under the new Consolidated Practice Direction.
The Divisional Court is a panel branch of the SCJ that hears statutory appeals from most administrative tribunals, judicial reviews of provincial decision-makers, civil appeals where the order is for a single payment of $50,000 or less (excluding costs), and Small Claims Court final orders involving more than $5,000. The Court of Appeal for Ontario hears appeals from final orders of the SCJ above the Divisional Court threshold, and (with leave) from the Divisional Court itself.
Simplified Procedure and the Civil Rules Review
The Simplified Procedure (Rule 76) monetary jurisdiction was raised from $100,000 to $200,000, sweeping the majority of mid-sized commercial and personal-injury actions into the streamlined track. Key features: no jury trials, discoveries capped at three hours per party, trial-management plan and pre-trial within 180 days, costs cap of $50,000 plus disbursements of $25,000 (excluding HST), no oral examination-in-chief (evidence-in-chief by affidavit, cross-examination live), and a plaintiff who sues in the regular stream where the claim is in fact $200,000 or less risks recovering no costs even if successful.
The Civil Rules Review Working Group released its final policy proposal on October 31, 2025, with a phased rollout expected to begin mid-2026 — the largest overhaul to Ontario civil procedure in a generation. Key directional changes: an Up-Front Evidence Model with three-stage disclosure (initial documents in pleadings, primary disclosure of sworn witness statements and reliance documents, supplementary via Redfern Schedules and limited written interrogatories); oral examinations for discovery dramatically curtailed; summary judgment replaced by a Paper Record+ process with judicial discretion to permit limited oral submissions; standard timelines and active judicial case management throughout. Counsel and clients should plan around the new framework now.
Costs, limitation periods, and class actions
Ontario follows the loser-pays principle, but the winner virtually never recovers all of its legal fees. Rule 57 directs the court to consider the result, the amount and complexity of the case, the conduct of the parties, the importance of the issues, and any offers to settle. There are three scales: partial indemnity (the default — typically 40–60% of actual fees), substantial indemnity (about 1.5x partial — triggered by Rule 49 offer-to-settle consequences or reprehensible conduct short of egregious), and full indemnity (reserved for fraud or gross abuse of process). Rule 49 (offers to settle) drives most cost outcomes.
Limitation periods under the Limitations Act, 2002: a basic 2-year period from discovery, plus a 15-year ultimate period from the act or omission regardless of discoverability. Key exceptions: minors and persons under disability (suspended until majority or capacity is restored), fraudulent concealment (suspends both periods), Real Property Limitations Act (typically 10 years for land claims), and certain undiscovered sexual-assault and minor-victim claims (no limitation).
Class actions in Ontario operate under the Class Proceedings Act, 1992 as substantially amended October 1, 2020 by Bill 161. Section 5(1.1) now requires that a class proceeding be the preferable procedure only if it is superior to all reasonably available means of resolving the dispute and common questions predominate over individual questions — a U.S.-style superiority-and-predominance test that operates as a meaningful gatekeeper. Multiple high-profile post-2020 actions have failed certification on the new branch.
Extraordinary remedies — Mareva, Norwich, Anton Piller
These are the workhorses of fraud and asset-recovery litigation. All three are typically heard on the Commercial List and obtained ex parte. A Mareva injunction is a pre-judgment freeze of the defendant's assets to prevent dissipation, requiring a strong prima facie case, assets within or connected to the jurisdiction, a real risk of dissipation, irreparable harm, the balance of convenience, and an undertaking as to damages. A Norwich order compels an innocent third party (commonly a bank, payment processor, ISP, or crypto exchange) to disclose information identifying a wrongdoer or tracing assets. An Anton Piller order is a civil search order permitting entry to the defendant's premises (with an independent supervising solicitor) to seize evidence at risk of destruction.
What we do
- Demand letters and pre-litigation strategy (settlement before pleadings where possible)
- Statements of Claim, Defences, and Counterclaims (regular and Simplified Procedure)
- Commercial List proceedings: receiverships, oppression remedies, CCAA / BIA insolvency disputes
- Urgent injunctive relief: Mareva, Norwich, Anton Piller, interlocutory injunctions
- Summary judgment and (under the new Rules) Paper Record+ motions
- Class action prosecution and defence (post-October 2020 CPA framework)
- Appellate advocacy: Divisional Court, Ontario Court of Appeal, and Supreme Court of Canada leave
- Mediation, arbitration, and ADR (including ICC and ICDR international commercial arbitration)
- Enforcement of foreign judgments and arbitral awards (recognition under Ontario common law and the ICAA)
- Costs arguments and bills of costs (extracting maximum partial-indemnity recovery)
Frequently asked
How much does civil litigation actually cost in Ontario?
Useful 2026 benchmarks: a contested motion typically costs $5,000–$15,000+; carrying a $250,000 case through discoveries and a pre-trial commonly runs $25,000–$75,000; a Simplified Procedure trial usually lands $30,000–$80,000; a complex commercial trial in Superior Court regularly exceeds $150,000–$500,000+; and a Commercial List trial with experts can exceed $1M. Disbursements (court fees, transcripts, experts) are extra. We give you a phase budget at the outset and revise it after each major step.
How long will my case take?
A Simplified Procedure case taken to trial runs roughly 18–30 months from claim to judgment. A regular Superior Court action runs 2–4 years. Commercial List matters can move faster on urgent motions but full trials still typically take 2–3 years. Appeals add another 8–18 months.
If I win, can I get my legal fees back?
Partly. The default award is partial indemnity costs — about 40–60% of your actual fees, plus 100% of reasonable disbursements. To approach full recovery you generally need either a Rule 49 offer to settle that you beat at trial, or conduct by the other side egregious enough to attract substantial- or full-indemnity costs. A well-structured Rule 49 offer is the single most powerful settlement tool in any Ontario civil action.
Should I settle or go to trial?
The economic answer almost always favours settlement. Trials are expensive, public, time-consuming, and produce binary outcomes. Mediation is mandatory in Toronto, Ottawa, and Essex County under Rule 24.1, and resolves the majority of cases. We tell you when to settle.
Small Claims Court or Superior Court?
If your claim is $35,000 or less, Small Claims Court is the only sensible forum — filing fees are modest, the procedure is plain-language, and the time-to-judgment is roughly 12–18 months. Above $35,000, you're in the Superior Court — and at $200,000 or below, you must use Simplified Procedure unless the defendant consents otherwise.
What about appeals — what are my chances?
The Ontario Court of Appeal allows roughly 25–35% of civil appeals in whole or in part — but the standard of review is the most important factor. Findings of fact are reviewed on the deferential "palpable and overriding error" standard; questions of law are reviewed for correctness. Realistic appellate fee range: $30,000–$100,000+ depending on record size.