Ontario’s proposed reforms are shifting the litigation process upstream—well before a claim is issued. With new pre-litigation protocols like the 90-day letter of claim and mandatory early disclosure on the horizon, firms can no longer afford to treat intake as a back-office formality. Intake is becoming strategy.

Lawyers will need to adjust the way they triage files. Early client interviews should be more investigative—focused on gathering not just facts, but documents, timelines, and third-party records that can support or challenge liability and damages. The days of waiting for discoveries to “see how the case develops” may soon be gone.

Plaintiff counsel should consider standardizing early file audits, including:

• Requesting and organizing supporting documentation before the notice period begins;
• Evaluating potential summary judgment risks from the outset;
• Mapping out early settlement posture before the statement of claim is even drafted.

Defence counsel, too, will need to be nimble—developing internal protocols to analyze pre-litigation letters and respond in a way that preserves flexibility while showing proportional engagement.

Done right, this shift could reduce unnecessary litigation and open space for pre-suit mediation, especially in soft tissue and low-complexity files. But it will require discipline. Intake can no longer be reactive—it must be the front end of resolution strategy.