Ontario's Simplified Procedure: The $200,000 Threshold Explained

Not every civil lawsuit in Ontario requires years of wide-open discovery and a multi-week trial. For claims at or below a certain dollar threshold, Ontario's Rules of Civil Procedure provide a streamlined path called the Simplified Procedure. It moves faster, costs less, and limits some of the most time-consuming litigation steps — but it also comes with trade-offs that affect both plaintiffs and defendants.

This guide explains what the Simplified Procedure is, when it applies, what it changes, and when you might want to opt out of it.

What Is the Simplified Procedure?

The Simplified Procedure (formerly Rule 76, now integrated into the Rules following amendments) is a set of modified litigation rules that apply to civil actions in the Superior Court of Justice where the amount claimed is at or below $200,000 (as of writing — verify the current threshold, as the Rules are periodically amended). This threshold applies to the total amount claimed, excluding interest and costs.

The Simplified Procedure was designed to reduce the cost and delay of mid-range civil litigation by:

• Limiting discovery rights
• Capping the length of trials
• Streamlining the procedural steps

When Does It Apply?

Claims That Fall Under the Simplified Procedure

The Simplified Procedure applies automatically when:

• The claim is for $200,000 or less (as of writing — verify)
• The claim is brought in the Superior Court of Justice (not Small Claims Court, which has its own separate rules and a lower dollar cap)
• The claim is not excluded by the Rules (some family law and other specialized proceedings are excluded)

If your statement of claim specifies a dollar amount at or below the threshold, your action proceeds under the Simplified Procedure unless the court orders otherwise.

Opting Out

A party may bring a motion to convert a Simplified Procedure action to the ordinary procedure if the claim is sufficiently complex. Courts will consider whether the volume of documents, number of witnesses, or factual complexity justifies the expanded procedural framework of ordinary litigation.

Opting In

Parties may also agree to use the Simplified Procedure even for claims above the threshold. This is less common but may be worth considering for relatively straightforward cases where both sides want to control costs.

Key Differences from Ordinary Procedure

1. Limited Oral Discovery

Under the Simplified Procedure, each party may examine one opposing witness for a maximum of two hours (as of writing — verify current limits). In ordinary procedure, discovery time is governed more broadly and can run much longer on complex files.

This limitation has real consequences. If your case involves a company with multiple decision-makers, or a long factual history, two hours may not be enough to explore all the relevant issues. Counsel needs to be strategic about what to prioritize.

2. No Discovery of Non-Parties

Under the Simplified Procedure, examinations are limited to the parties themselves. Ordinary procedure allows for examination of non-parties under certain conditions. In complex commercial disputes where key witnesses are third parties, this restriction can be a significant disadvantage.

3. Trial Length Cap

Simplified Procedure trials are capped at five days (as of writing — verify). This forces the parties and the court to keep things focused. If a case genuinely requires more than five days to try, the Simplified Procedure may not be appropriate.

4. Mandatory Summary Trial Option

Under the Simplified Procedure, parties may agree (or the court may order) a summary trial format in which evidence is received by affidavit and cross-examination is conducted, rather than through live testimony. This can reduce trial time and cost significantly.

5. Costs Rules

Costs consequences under the Simplified Procedure mirror the general principles of Ontario civil litigation — the losing party pays a portion of the winner's costs — but the caps on recoverable costs are calibrated to the lower-value nature of these cases. See our separate article on offers to settle and costs for more detail.

Advantages of the Simplified Procedure

• Speed: cases move faster because there is less discovery and shorter trials
• Cost efficiency: limited discovery means fewer billable hours spent on examinations and document disputes
• Predictability: known timelines and caps make budgeting easier
• Proportionality: keeps the cost of litigation in proportion to the amount at stake

Disadvantages and Risks

• Discovery limits can hurt plaintiffs: if your damages theory requires extensive exploration of the defendant's records, two hours of oral discovery may not be enough
• Trial length cap creates pressure: complex cases crammed into five days can feel rushed; judges may need to make credibility calls with less complete evidentiary records
• Less flexibility for motions: the Simplified Procedure is designed to discourage motion-heavy litigation; parties are expected to move efficiently

Strategic Considerations

Before issuing a claim, think carefully about whether your action belongs in the Simplified Procedure:

• Quantify your damages carefully: a claim framed too narrowly may artificially limit recovery
• Assess discovery needs: if your case turns on documents you expect the defendant to resist producing, broader discovery rights may matter
• Talk to your lawyer about opting out: if the case is complex, moving to ordinary procedure early is easier than doing it later

Frequently asked questions