The COVID-19 pandemic created an unprecedented scheduling crisis in courts across Ontario. Chronic backlog in scheduling trials has become the norm. Because of those delays, accident victims are left to wait—in some cases for several years—to get the compensation they deserve. That is a significant access to justice problem.
If you have been injured in a motor vehicle accident and want a speedier option, Ontario’s simplified procedure may be right for you. In today’s article, we’ll discuss the expedited trial process and some of its key features. For more information or help deciding if the simplified procedure is right for your personal injury case, contact our Sault Ste. Marie personal injury lawyers to schedule a free consultation.
What is the simplified procedure?
Rule 76 of Ontario’s Rules of Civil Procedure was designed to reduce the time and cost associated with litigating certain types of civil lawsuits in the Superior Court of Justice. To use the simplified procedure, the total value of your claim must be $200,000 or less (not including interest or costs).
You may be able to use the simplified procedure if your claim is valued at over $200,000, but the person you are suing (the defendant) can object to using the simplified procedure for claims reasonably valued at over $200,000. If the defendant objects, your case must continue under the ordinary court procedure, but if the defendant turns out to have been wrong about the value of your claim, they may be ordered to pay additional costs.
One of the personal injury lawyers at our Sault Ste. Marie law firm can review your case and provide you with an assessment of what your claim is likely worth. That information will help you make strategic decisions early in the litigation process.
Features of the simplified procedure
The most significant features of the simplified procedure are as follows:
Maximum 5-day trial. Trials under the simplified procedure are capped at a maximum of 5 days.
No jury trial. There is no option for either party to deliver a jury notice for a personal injury case using the simplified process. The case must be decided by a judge alone.
Limited oral discovery. Each party is limited to three hours to conduct examinations for discovery, regardless of the number of people to be examined.
Shorter timelines. Several steps in the procedure are subject to shorter timelines. For example, parties using the simplified process must deliver their affidavits of documents within 10 days after the close of pleadings, whereas there is no specific timeline for producing an affidavit of documents under the ordinary procedure.
Evidence at trial. Evidence-in-chief from each witness (including expert witnesses) must be presented by written affidavit, with the other party having opportunity to cross-examine the witness on their affidavit.
Limit on costs and disbursements. Legal costs are capped at $50,000 + HST and disbursements at $25,000 + HST.
Importance of being strategic from the outset
What does all this mean for you? Is the simplified procedure right for your personal injury lawsuit? The reality is that most personal injury cases settle without actually proceeding to trial. That being said, it’s very often necessary to start court proceedings, proceed through the several stages of the court process, but not actually have a trial.
Regardless of the court procedure used, there are numerous opportunities to resolve a personal injury claim outside of proceeding to trial, such as private mediations or through a pre-trial hearing, which is conducted out of court with the input of a pre-trial judge giving his or her recommendations for resolution. If, however, the insurance company is being unreasonable and is not prepared to pay fair compensation, then your matter would have to go to trial.
You can’t know for certain if your case will settle without the need for a trial, so you must be strategic and forward-thinking from Day One. That means choosing the right procedure early on and preparing your case as if your case will go to trial. You will need to carefully consider factors such as the complexity of your case, the number of expert witnesses you need to prove your case, the reasonable value of your claim, and whether you want your case to be heard by a judge or a jury.
GET TRUSTED ADVICE FROM OUR PERSONAL INJURY LAW FIRM
Sault Ste. Marie personal injury lawyers at Feifel Gualazzi are here for you if you’ve been hurt in a vehicle accident. Your injuries and the complications they cause in your life can quickly become overwhelming. Navigating the no-fault insurance system and court process can add to your stress level. Why go it alone when you can trust the Feifel Gualazzi team to take care of all the details?
Our dedicated personal injury law firm in Sault Ste. Marie assists vehicle accident victims like you get the full range of financial support you need. We can review your case, recommend the best strategy for getting results, and help you make wise decisions from the outset.
If you’re in or near Sault Ste. Marie, contact us today to schedule a free consultation with a personal injury lawyer at our law firm and find out if you have a case!