Ontario’s Rules of Civil Litigation Changes – Effective 2026

As of February 1, 2026, there will be important Ontario Rules of Civil Procedure changes that all participants in the civi litigation system should be aware of moving forward.  This Rules of Civil Procedure is a statute that sets out the rules of the court process in civil litigation disputes.

While we expect further and more substantial changes to the rules of the civil litigation system (particularly given ongoing consultations), the following is a list of selective changes that are geared toward making the system more efficient and ensure greater access to justice.

Key Ontario Rules of Civil Procedure Changes

While the broader overhaul of Ontario Rules of Civil Procedure changes is still underway, two changes stand out for employment law matters:

1. Court Location Must Have a “Rational Connection” – A plaintiff can now start lawsuits in any court that has a logical link to the parties or dispute, considering factors like where events occurred, damages were suffered, convenience, and community interest.

This requirement should reduce opportunities for opposing counsel to engage in “forum shopping” (a tendency to choose a   court location that is much more favourable to one side in a dispute).

1. Updated Court Forms – Several forms, including Notice of Motion forms and appellate motion forms, have been modernized for use in the Ontario Court Portal. Using the most current forms ensures compliance and avoids unnecessary delays.

Strategic Takeaway:

For employment claims, choosing a court strategically (especially where mediation is mandatory) can influence settlements and signal the opposing party’s intentions. Staying on top of these updates is essential to avoid procedural pitfalls and maximize efficiency in litigation.

1. Venue Selection: The “Rational Connection” Requirement

What “Rational Connection” Means

This means, when the choice is available, a party should be free to start a lawsuit in any court location that is legitimately connected to the parties or issues in dispute.

For example, in a wrongful dismissal claim, if both the employee and employer reside in Toronto, there is a rational connection to start the claim in the Superior Court of Justice in Toronto, but not in Windsor.

Factors Considered

With the new Ontario civil litigation rules as of February 1, 2026, a party may start a lawsuit in any court office as long as there is a “rational connection” to the parties and the issues in dispute, considering some of the following factors:

(i) a substantial part of the events or omissions that gave rise to the claim occurred

(ii) a substantial part of the damages were sustained

(iii) the subject-matter of the proceeding is or was located

(iv) local community’s interest in the subject-matter of the proceeding

(v) convenience of the parties, the witnesses and the court

(vii) any advantages or disadvantages of a particular place with respect to securing the just, most expeditious and least expensive determination of the proceeding on its merits

(ix) any other relevant matter.

It is important to note that this “choice of forum” (court location) only applies if the Rules of Civil Procedure do not otherwise require the lawsuit start in a particular court office. Moreover, it only applies to new lawsuits commenced after February 1, 2026 (not previously existing lawsuits).

Practical take-away:

In our experience handling employment litigation disputes, it is understood that parties are generally free to start their claim where it “makes sense”. However, we have occasionally encountered opposition from opposing counsel (such as an employer’s legal counsel) when choosing to start a lawsuit at a location they feel is inconvenient.

As an example, in one case, we chose to start a lawsuit in Toronto court where our client lived and worked remotely, but the company objected and sought to transfer the proceeding to Kitchener where it was located.

However, with these new rules, it will be harder for parties to oppose the plaintiff’s choice as long as there is a rational connection applying the factors above.

2. Updated Court Forms

Types of Updated Court Forms

Another key aspect of the Ontario Rules of Civil Procedure changes is that some court forms that parties must complete during various stages of the litigation process will be amended. This includes, for example:

• Notice of Motion forms (which is required to schedule an appointment before the court)
• Notice of Motion for Leave to the Ontario Divisional Court (Form 61A) and to the Ontario Court of Appeal (Form 61A.1)
• New court forms for motions in appellate court (Form 61M, Form 61N, Form 61O and Form 61P), which are categorized depending on if the appeal will be heard by a single judge or a panel of judges before the Divisional Court or Court of Appeal)

Practical Tips for Compliance:

This modern refresh to the court forms follows the court’s debuting of its new online Ontario Court Portal, where all these forms are submitted. To ensure that parties stay up-to-date on the currently documents required by the court, we recommend only using the forms available on this official Ontario court website.