Ontario: Stricter Rules for Civil Procedure Quotation Accuracy 2026

• New Ontario Rules of Civil Procedure amendments, effective September 1, 2026, impose strict quotation accuracy obligations on lawyers and expert witnesses.
• Ontario Regulation 275/26, filed August 12, 2026, amends Regulation 194 of the Revised Regulations of Ontario, 1990, under the Courts of Justice Act.
• Lawyers must now certify both the authenticity and accurate reproduction of all cited authorities in factums, as per subrule 4.06.1(2.1).
• Expert witnesses must certify every quotation in their reports is an accurate reproduction, as mandated by subrule 53.03(2.1), paragraph 6.3.
• The revised Form 53 (Acknowledgment of Expert’s Duty), dated June 1, 2026, must be used for all expert reports served after September 1, 2026, and is available online.

These comprehensive changes are a direct response to a growing concern across North America regarding the submission of AI-generated content that has, in some instances, included fabricated or inaccurately quoted legal authorities.

Significant amendments to the Ontario Rules of Civil Procedure have come into effect, introducing stringent new obligations for lawyers and expert witnesses regarding the accuracy of quotations in legal documents. These changes, mandated by Ontario Regulation 275/26, are designed to bolster the integrity of court submissions and became effective on September 1, 2026. This targeted regulation, made under the authority of the Courts of Justice Act, specifically addresses critical aspects of factums and expert reports.

Filed on August 12, 2026, by the Civil Rules Committee and subsequently approved by Attorney General Doug Downey, Ontario Regulation 275/26 modifies Regulation 194 of the Revised Regulations of Ontario, 1990, which governs civil procedure across the province. The provincial government has indicated that these regulatory adjustments are not expected to impose any additional burden on businesses operating within Ontario.

These revisions mark a pivotal moment for the Ontario Rules Civil Procedure quotation accuracy 2026 landscape, ensuring that all parties involved in litigation adhere to a higher standard of factual representation. The new rules underscore a commitment to precision, particularly concerning the reproduction of legal authorities and other source materials.

Under the updated framework, the responsibilities of legal professionals have expanded considerably. Previously, a lawyer signing a factum was only required to certify the authenticity of cited authorities, confirming they were genuine and not fabricated. However, with the implementation of subrule 4.06.1(2.1), the scope of this certification has broadened to encompass two key aspects: the authenticity of the source and the precise reproduction of any quoted material. This means that Ontario lawyer factum certification accuracy now demands meticulous attention to detail.

Similarly, expert witnesses are now subject to comparable obligations. The amended subrule 53.03(2.1), paragraph 6.3, explicitly mandates that experts certify every quotation from any authority, document, or record within their reports is an accurate reproduction. This new requirement for Ontario expert witness report quotation ensures that expert testimony is grounded in verifiable and correctly presented information.

These comprehensive changes are a direct response to a growing concern across North America regarding the submission of AI-generated content that has, in some instances, included fabricated or inaccurately quoted legal authorities. The Civil Rules Committee of the Courts of Appeal for Ontario specifically highlighted these incidents as the impetus for the new regulations, aiming to mitigate such risks within the province's legal system.

In conjunction with the new certification requirements, the Form 53 (Acknowledgment of Expert’s Duty) has undergone a significant revision. The updated Form 53 Acknowledgment of Expert's Duty revised, dated June 1, 2026, supersedes the previous version from September 1, 2024. It is now mandatory for any expert report served after September 1, 2026, to utilize this new form.

The revised Form 53 is readily accessible for download from the official Ontario Court Forms website at ontariocourtforms.on.ca. This ensures that expert witnesses are fully aware of their heightened responsibilities, particularly concerning the accuracy of all quotations presented in their reports, aligning with the broader objectives of Ontario Regulation 275/26 changes.

It is important to note that Ontario Regulation 275/26 is a targeted amendment, distinct from the more extensive Ontario Civil Rules Review (CRR). The CRR, which commenced in January 2024 and is being implemented in phases, represents a much larger initiative to overhaul civil procedure in the province. Its proposals include sweeping changes such as the introduction of pre-litigation protocols for personal injury claims, the establishment of a three-track system for litigation, and an evidence-first approach to discovery processes.

While both initiatives aim to modernize and improve the efficiency of Ontario's civil justice system, the quotation accuracy requirements introduced by O. Reg. 275/26 are a separate legislative project. The broader reforms encompassed by the CRR are still unfolding and represent a distinct set of legislative endeavors.

Lawyers and expert witnesses practicing in Ontario must immediately update their procedures to ensure all quotations in factums and expert reports are accurately reproduced, as mandated by the new O. Reg. 275/26, effective September 1, 2026. Additionally, all expert reports served after this date must utilize the revised Form 53, requiring explicit certification of quotation accuracy to mitigate risks associated with fabricated or inaccurate content.

Source: Original reporting via Canadian Lawyer