The Ontario Superior Court of Justice has released detailed operational data for 2024. The information, outlined in clear language and spanning several categories, offers fresh insight into civil litigation volumes, mediation efforts, procedural breakdowns, and court activity. Here, we break down the most critical findings from the court’s detailed spreadsheet, examining the data under the Provincial, Mediation, Procedure Type, and Key Events tabs.
Provincial Civil Litigation: Big Numbers, Growing Caseloads
Across the province, civil filings continued at a high rate. In 2024, the court saw:
- 75,561 new civil proceedings—everything from personal injury to contract disputes.
- 36,034 motion events heard, reflecting ongoing efforts to address issues before trial.
- 4,009 proceedings scheduled for trial and 3,539 actually tried, a relatively small share compared with total filings.
- 67,002 cases disposed through judgments or settlements.
- More than 179,000 active civil cases were still pending at year’s end.
The largest case categories included motor vehicle accident claims (almost 16,000 new proceedings and an enormous 53,317 cases still pending), collections and debt, contract law, and mortgage or charge disputes. Personal injury cases not involving vehicles also accounted for thousands of new and ongoing lawsuits. This high volume confirms that the civil justice system remains under sustained pressure and that many disputes remain unresolved for lengthy periods.
Mediations: How Many Cases Settled?
Mandatory mediation continues to play a critical role in Toronto, Ottawa, and Windsor. Of the 4,144 mediation events tracked:
- 1,767 (43%) were fully settled at mediation.
- 70 (2%) reached a partial settlement.
- 2,288 (55%) did not settle during mediation.
- A handful were counted as “other” (scheduled but did not proceed).
These numbers reinforce that while mandatory mediation has real value, resulting in thousands of settlements, it cannot resolve every matter. Still, a significant proportion of cases are resolved or meaningfully narrowed at the mediation stage, easing pressure on courts and reducing litigation costs for parties.
Procedure Type: How Are Cases Managed?
The court tracks cases under different procedural rules:
- Ordinary Procedure: The majority, with 49,689 new proceedings and over 127,700 active pending. These cases tend to be the most complex or highest value.
- Simplified Procedure: For more straightforward cases (often under $200,000), with 22,676 new cases and over 42,800 pending.
- Case Management: Rare provincially, but used to coordinate particularly complex proceedings.
- Other: Includes specialized or legacy procedures.
Most trial activity and volume continue to be processed under the Ordinary and Simplified Procedures, with Simplified Procedure aiming to increase efficiency, but also accumulating a large pending backlog.
Key Events: What Happens Most in Court?
For 2024, “key events” show how parties and counsel interact with the court. Province-wide:
- 36,034 motion events were heard (more than any other type of event).
- 6,737 case conferences and 6,220 trial scheduling/assignment events took place.
- 5,977 application hearings and 5,379 pre-trials show the complexity of the caseload.
- 5,027 trials were held, but this is a fraction of the cases.
- 4,282 mediations occurred (matching the Mediation tab).
- Other frequent events included assessment hearings, summary judgment motions, and appeals.
Almost half of all appearances occurred by video, while written, in-person, hybrid, and telephone appearances filled out the rest. Written hearings were used almost as much as video for some categories, and the trial process itself remains highly resource-intensive.
The Role of Discovery in Managing Trial Volume
Although it may be tempting to view discoveries as dispensable given the high volume of civil cases and the ongoing pressure to streamline litigation, eliminating them would likely create greater inefficiency in the long term. The data already show that civil matters occupy most of the court’s time, but removing discoveries would not reduce that workload. Instead, it would shift the burden to trial, increasing the number and length of hearings required to resolve factual and evidentiary disputes that could have been clarified earlier. Examinations for discovery perform an essential function by narrowing issues, promoting settlement, and clarifying the evidence before the court. They remain one of the few procedural tools that meaningfully reduce the trial burden.
Acknowledging the need for procedural efficiency is important, but abandoning discovery altogether would undermine proportionality and fairness. A more constructive path would be to focus on improving the efficiency of discoveries through tighter judicial management, earlier scheduling, and greater emphasis on cooperation between counsel. This approach would preserve the procedural balance between cost, speed, and justice that the data show the system continues to strive for.
Takeaways for Litigants and Practitioners
- The court continues to handle enormous volumes, especially in motor vehicle accidents, contracts, and debt claims.
- Most cases are resolved without a full trial; motions, conferences, and mediation play key roles.
- Mediation settles many, but not all, disputes. Early and meaningful participation is critical to managing both costs and outcomes.
- The backlog of cases remains substantial, underscoring the importance of careful case management, settlement-oriented thinking, and strategic use of procedural tools.
Overall, this latest data confirms a busy, evolving landscape where proactive case management and a willingness to engage in mediation remain essential for achieving efficient and fair outcomes for all parties.
If you have a civil matter you would like to discuss, please do not hesitate to reach out to the team at Flaherty McCarthy LLP.
