Ontario's Pandemic Procedure

Abstract

This article explores the relationship between procedural changes made as a result of the pandemic and pre-existing trends in global civil procedure. Part I explains some of the core similarities and differences between global civil procedure and civil procedure that is part of a global pandemic response.

Part II examines changes made to Ontario’s civil procedure as a result of COVID-19. It focuses on the role of the internet in shifts away from traditional elements of the common law civil litigation process such as juries, continuity, and frequent oral proceedings. Part III argues that pandemic procedure ought to accord with Ontario’s procedure values, including access to justice and legality.