As part of Phase 2 of the Civil Rules Review of Ontario’s courts system, the Attorney General assembled a group of experts to study the current state and to make recommendations for improvement. Among their numerous recommendations contained In their 99 page report, the expert committee referred to as the “Small Group” pointed to the need for a specialized construction court. The Small group made its case this way:

“In addition, construction lien actions, and construction-related cases more broadly, are inherently complex, involving not only intricate legislation (i.e. the Construction Act) but also complex facts specific to the construction industry. It is far more efficient for a Judge with specialized expertise in construction issues to hear construction matters. Therefore, we propose that all construction lien and construction-related cases be handled by a team of Judges (or Associate Judges) specializing in construction law.”

In a letter to the review team at Ministry of the Attorney General, COCA supported the Small Group’s recommendation making the following points:

• The construction industry is already a key driver of Ontario’s economy and represents 7.2% of Ontario’s GDP and 7.6% of Ontario’s total workforce
• The civil justice system represents an important aspect of the business climate in Ontario generally and for the construction industry in particular

• The civil justice system in Ontario is broken and something drastic needs to be done to address the situation

• Construction disputes involve specialized facts interacting with specialized law.

• Most judges in Ontario lack the knowledge and experience necessary to manage construction disputes fairly and efficiently. That contributes to delays in the handling of construction disputes.

• Generalist judges tend to be more unpredictable than specialists in the field, which tends to discourage settlements.

• England and Wales, Dubai, Singapore, Hong Kong, and Australia already have specialized construction courts in which the performance is reported to be significantly better and time to decision much faster