Notwithstanding the growth of alternative fee arrangements, legal costs remain a significant challenge for companies involved in commercial disputes in Canada. Recent reforms in provinces such as Ontario have helped reduce cost pressures in smaller disputes by increasing the monetary jurisdiction of lower courts and reducing pre-trial procedures in cases of modest value - those less than $100,000. Other reforms have introduced the concept of proportionality with respect to document production obligations, discovery rights, and cost awards. Further, in Ontario, the Rules of Civil Procedure have expressly adopted the Sedona Principles regarding electronic discovery.

Republished with permission.

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