"When the law fails, tyranny begins." – John Locke, 1689

The problem of delays in civil litigation threatens the essence of justice.

The situation with delays in Canada’s civil courts is reaching a critical point, turning the old expression "justice delayed is justice denied" into a harsh reality.

According to the 2023 World Rule of Law Report, Canada scored 0.46 on the criterion of "no undue delays," which is below the global average and highlights the scale of the issue.
Lawyers and experts emphasize that such delays erode trust in the justice system and question its functionality. Ian Matthews, a Toronto lawyer, claims that the system is "practically collapsing under its own weight." Delays of several years render lawsuits meaningless: a decision that arrives too late holds no value for the affected party.
This huge issue is particularly seen in commercial disputes. Companies which are trying to recover debts or defend its rights are forced to wait for years.

What we see as a result:
• Small businesses may go bankrupt before receiving a fair resolution.
• Companies accept unprofitable deals, preferring half or less of what they could’ve been gotten to avoid endless legal battles.
• Canada risks losing its investment appeal, as entrepreneurs avoid jurisdictions where disputes are not resolved promptly.

Matthews notes that delays also encourage companies to evade obligations, knowing their opponents cannot achieve timely justice. "If someone owes you $100,000, you most likely settle for $40,000–50,000 just because you don’t want to wait five years," he added.

Gillian Dingle, a lawyer at Torys LLP, provides specific examples:
• In Toronto, even with a commercial list of judges, a simple two-hour procedure may be scheduled in eight months!
• More complex cases or trials take a year or longer to reach court.
She highlights that such delays add stress to clients: witnesses forget key details, and litigation costs steadily rise.
One of the reasons is the chronic shortage of judges and staff. Dingle talks about a case where hearings were delayed nearly three years due to a lack of judges. It is not rare that more urgent cases, such as criminal and family matters, push civil cases further back.

Furthermore, Moira Graham of McCarthy Tétrault points out to a systemic issue: courts operate at maximum capacity, and outdated procedures exacerbate delays. Hearings are often canceled and rescheduled due to staff shortages, thus prolonging the cases.
Jesse Harper from Fasken Martineau DuMoulin LLP highlights a troubling practice: in civil cases, delays are used as a strategic tool. One party benefits from dragging out the process, hoping the other side will run out of financial or emotional resources.
Experts agree that a comprehensive overhaul of civil litigation rules is essential. Harper emphasizes that outdated procedures, designed "for a completely different era," must be replaced with modern methods, such as:
• Implementing technology for virtual hearings and streamlining processes.
• Differentiating approaches for various case types to improve efficiency, as already adopted elsewhere.

Justice that comes too late is worse than justice denied.

The problems of the justice system resemble issues in healthcare: when treatment is delayed, it becomes ineffective. Similarly, decisions rendered years later lose their meaning and leave victims unprotected. As Matthews noted, if a country upholds the rule of law, its justice system must function timely and for everyone. If it doesn’t, justice becomes an illusion, and the system itself becomes unsustainable.