Partner Ryan O’Connor Urges Civil Justice Reforms to Protect Injured Ontarians

Taylor Mergui Law Group is proud to highlight the recent advocacy efforts of partner Ryan O’Connor, who submitted detailed feedback to the Ministry of the Attorney General as part of the Civil Rules Review Phase 2 public consultation. His submission focused on how several proposed reforms could negatively impact personal injury and employment clients, two groups that already face steep barriers to accessing justice.

In his submission, Mr. O’Connor drew from over 17 years of litigation experience to warn that certain proposals would worsen delays, increase costs, and diminish fairness for everyday Ontarians. He emphasized that personal injury victims and wrongfully terminated employees are not commercial entities with deep pockets; they are individuals navigating some of the most difficult moments of their lives.

Calling for the Abolition of Civil Juries

A central theme of the submission was the call to abolish civil juries in most cases, beginning with personal injury and motor vehicle matters. Civil juries, Mr. O’Connor argued, significantly lengthen trials, delay hearing dates, and allow insurers to take advantage of these delays to the disadvantage of plaintiffs. Given the absence of a constitutional right to a civil jury in Canada, he urged the Working Group to address this “elephant in the room” as a meaningful step toward reducing the backlog.

Defending Critical Litigation Tools

The submission also cautioned against eliminating oral examinations for discovery. For personal injury and employment plaintiffs, who often lack access to key documents, discoveries are essential for uncovering evidence, creating a more balanced process, and facilitating settlements. Removing them, Mr. O’Connor explained, would tilt the system further in favour of well-resourced defendants.

Protecting Access to Contingency-Fee Representation

Another major concern was the proposal for an up-front evidence model requiring sworn witness statements and full document disclosure early in litigation. Mr. O’Connor noted that these requirements could impose prohibitive costs on contingency-fee lawyers, which could deter them from taking cases and potentially leave many Ontarians without representation. Without legal counsel, victims may be forced to rely on an already overburdened public healthcare system instead of accessing insurer-funded treatments.

Addressing Systemic Inefficiencies

Mr. O’Connor also urged reforms to judicial resourcing and scheduling. He called on the province to press the federal government to fill judicial vacancies and suggested expanding the role of associate judges. Additionally, he recommended greater flexibility in scheduling case conferences, including early morning and evening slots, to reduce delays and improve access.

A Clear Message: Justice for Regular Ontarians

In closing, Mr. O’Connor warned against adopting reforms that treat personal litigation like commercial arbitration. He reminded policymakers that civil justice delays have life-altering impacts on individuals. His message was clear: removing inefficiencies, such as civil juries, would be a far more effective solution than introducing reforms that risk locking out those who need the system most.

Taylor Mergui Law Group remains committed to advancing the interests of accident victims, injured workers, and all Ontarians who depend on a fair and timely civil justice system.