More Ontario civil cases are being dismissed - here’s what that means

See you in court? Maybe not...

If you get hurt and decide to sue someone in Ontario, you might expect to have your day in court. But more and more civil cases in Ontario are being thrown out before a full trial. This means the judge ends the case early, often in favour of the person being sued.

So why is this happening? There are a few reasons.

1. New Rules: Judges Can Now End Weak Cases Early

First, the courts are using rules that help move cases along faster. Ontario judges now have more ways to stop cases that don’t have enough proof to go to trial. If a judge thinks the injured person’s claim doesn’t have strong evidence, they can dismiss the case.

Courts also use summary judgment and other quick decision procedures more than they used to. These tools stop weak cases early so both sides do not waste time and money.

This might sound unfair, but the goal is to keep the system moving faster. Cases with missing documents, weak medical reports, or no expert proof often don’t make it to trial anymore.

2. Time Limits Are Strict

Most people have two years from the date they got hurt to start a lawsuit. If you wait longer, the court can throw out your case because it’s too late.

Many people lose their right to sue just because they miss this deadline. It’s one of the most common reasons personal injury claims get dismissed in Ontario.

3. Court Rules Are Tougher Now

Courts now make sure everyone follows the rules closely. If a person doesn’t hand in their paperwork, share documents, or show up when they should, the judge can end the case.

Even small mistakes can cause big problems. That’s why lawyers tell people to get help early and keep track of all their forms and deadlines.

4. Court Delays Make Things Harder

Ontario’s courts are very busy. The COVID-19 pandemic caused big delays and backlogs. Some people now wait years just to get a hearing date.

Because of this, judges try to end weak cases sooner, to leave room for stronger ones. Many disputes now settle out of court, while others are dismissed before trial.

5. What This Means for You

If you’ve been hurt and can’t work, here’s what to remember:

• Act fast. Don’t wait to get legal advice. Two years goes by quickly.

• Collect proof early. Keep your medical reports, photos, and any notes about what happened.

• Follow the rules. Missing deadlines or documents can cause your case to be thrown out.

• Know that trials are rare. Many cases end early — either through a deal (settlement) or dismissal.

Ontario courts are working to handle cases faster, but that also means more claims get dismissed. Judges now expect solid proof, quick action, and clear paperwork. 

If you’re thinking about suing after an injury, learn the rules and get advice from a lawyer right away. Acting early can make the difference between getting help — or getting your case thrown out.

Final Thoughts

Relying on the civil courts to get compensation if you are injured and can't work is risky and can be expensive.

It’s very important to have your own Self-Employed Lifetime Compensation program. This can pay up to $5,000 per month if you get hurt and can’t work. It's affordable and protects you 24/7.

Let’s see if you qualify. Click HERE to schedule a free consultation or call me at 416-788-4684. I’m happy to answer your questions.

Don't wait. You need this protection in place BEFORE you get injured. Once you're hurt, it's too late.

Talk soon,  

Richard FitzGerald

Licensed Insurance Agent

Accident and Sickness Insurance Specialist

FSRA License #25237685

416-788-4684

Richard@AccidentandSicknessInsurance.ca

Sources & limits: This post draws on Statistics Canada summaries of civil court activity, Ontario court statistics, and a targeted sample of Ontario decisions and legal commentary. Those sources show clear movement toward faster court screening, stricter enforcement of procedure, and continued pandemic effects, all of which increase the share of claims dismissed before trial. My best efforts have been used to ensure this information is accurate but this is an observation and opinion, and not guaranteed to be factual.