Ontario Rules of Civil Procedure amendments are now in force, adding new quotation accuracy obligations for lawyers and expert witnesses
Ontario’s Rules of Civil Procedure amendments has now taken effect. Ontario Regulation 275/26, made under the Courts of Justice Act, came into force on September 1, 2026. Major changes include rules on factum, expert reports, the new Form 53, among others.
Changes under the Ontario Rules of Civil Procedure amendments
Ontario Regulation 275/26 was filed on August 12, 2026, by the Civil Rules Committee and approved by Attorney General Doug Downey. It amends Regulation 194 of the Revised Regulations of Ontario, 1990, which governs civil procedure province-wide.
The changes to the Rules fall into several categories:
- quotation accuracy certification in factums and expert reports (rules 4.06.1 and 53.03)
- clarification of leave to appeal procedures under the Class Proceedings Act and federal insolvency legislation (rules 12.06 and 61.03.1)
- reformed procedure for reviewing single-judge orders in appellate courts, including a presumption that such motions are heard in writing (rule 61.16)
- removal of hard copy filing requirements in the Court of Appeal and Divisional Court (rules 61 and 68)
- clarification that self-represented litigants must meet the same signing requirements as lawyers (rules 4.06.1, 61.11, 61.12, 68.04)
- updated use of books of authorities in the Court of Appeal (rules 61.03.1, 61.09, 61.11, 61.12)
The Ontario government confirmed there is no regulatory impact to business anticipated from this regulation.
New quotation accuracy requirement for factums and expert reports
Before September 1, 2026, a lawyer signing a factum only had to certify that every cited authority was authentic, i.e., that it is real and not fabricated. Under the updated subrule 4.06.1(2.1), the certification now covers two things:
- that every authority cited in the factum is authentic, and
- that every quotation from an authority in the factum accurately reproduces the text of that authority word for word
The same obligation now extends to expert witnesses under the amended subrule 53.03(2.1), paragraph 6.3. Experts must certify that every quotation from any authority, document, or record in their report is an accurate reproduction.
This two-layer requirement is a direct response to reported incidents across North America where lawyers submitted AI-generated content containing fabricated or inaccurately quoted legal authorities, as noted by the Civil Rules Committee of the Courts of Appeal for Ontario.
New Form 53 on Acknowledgment of Expert’s Duty
Alongside the rule changes, the Form 53 (Acknowledgment of Expert’s Duty) has been updated. The revised form, dated June 1, 2026, replaces the previous version dated September 1, 2024.
Any expert report served after September 1, 2026 must use the updated form. The revised Form 53 is available for download on the Ontario Court Forms website at ontariocourtforms.on.ca.
What comes next: the broader civil rules reform
O. Reg. 275/26 is a targeted regulation. It is separate from the much larger Ontario Civil Rules Review (CRR), which has been in development since January 2024 and is being rolled out in phases. The CRR proposes sweeping changes to Ontario civil procedure, including pre-litigation protocols for personal injury claims, a three-track system, and an evidence-first approach to discovery. Those reforms are a separate legislative project, still unfolding.
Bookmark Canadian Lawyer’s Personal Injury page for more news, articles, and updates for Canadian legal professionals.
