11 Aug 2025

How Lexis+ AI Will Transform Litigation Strategy Under Ontario’s Proposed Changes to the Rules of Civil Procedure

Summary:

Ontario’s civil litigation system is undergoing a transformative shift with the proposed amendments to the Rules of Civil Procedure. These changes eliminate traditional Examinations for Discovery, replacing them with a front-loaded, paper-based litigation process. Lawyers will now face new requirements, including full disclosure of all relevant documents at the outset, early exchange of witness affidavits instead of discovery transcripts, and limiting viva voce evidence in chief at trial to the parties themselves. In this evolving framework, artificial intelligence (AI) tools like Lexis+ AI are no longer optional – they are essential for effective litigation strategy.

 

Case Study: TechNova Inc v. BlueCore Solutions Ltd.

The fictitious case of TechNova Inc. v. BlueCore Solutions Ltd. illustrates how AI can play a pivotal role in navigating this new litigation landscape. TechNova, a Toronto-based software developer, entered into email negotiations with BlueCore, an energy technology firm. TechNova sent a licensing proposal outlining detailed terms, including pricing, exclusivity, and usage rights for proprietary code. BlueCore responded with, “Looks good. Let’s move forward.” Following this exchange, TechNova shared its source code, which BlueCore integrated into its energy platform and began commercial distribution. However, BlueCore later claimed that no binding agreement existed due to the lack of a signed contract and refused to pay licensing fees. TechNova filed suit for breach of contract and unjust enrichment.

 

Building a Strong Breach of Contract Argument with AI

Lexis+ AI proved invaluable in building TechNova’s case. For the breach of contract claim, Lexis+ AI retrieved case law supporting the argument that a binding agreement existed based on the email exchange and subsequent conduct. The licensing proposal constituted a clear offer, BlueCore’s response demonstrated acceptance, and the sharing and commercial use of the source code provided consideration and evidence of mutual intent to create legal relations. Lexis+ AI flagged precedent establishing that Canadian courts recognize informal agreements in commercial contexts when supported by conduct and intent, even in the absence of a signed contract.

 

Unjust Enrichment: A Credible Alternative Claim

As an alternative claim, Lexis+ AI strengthened TechNova’s unjust enrichment argument. Should the court find that no contract exists, BlueCore’s actions still meet the criteria for unjust enrichment. BlueCore was enriched by integrating and commercially distributing TechNova’s proprietary code, while TechNova suffered a deprivation by not receiving licensing fees. Lexis+ AI flagged case law discrediting BlueCore’s juristic defense, which sought to rely on a contract it simultaneously claimed was unenforceable. This reinforced TechNova’s position that there was no legal justification for BlueCore’s retention of the benefit.

 

Why AI is Essential in the New Litigation Framework

The proposed changes to the Rules of Civil Procedure anticipated in 2026 emphasize early disclosure and written advocacy, fundamentally altering litigation strategy. Lawyers can no longer rely on oral discovery to test credibility or uncover documents via undertakings. Instead, early affidavits and document production are mandatory, requiring counsel to front-load their cases with comprehensive evidence and persuasive written submissions. In this environment, AI tools like Lexis+ AI offer critical advantages. They enable lawyers to predict case outcomes without discovery, analyze cost-benefit scenarios early, identify the strongest claims and viable alternatives, and draft persuasive affidavits and legal arguments based on reliable precedent.

 

Conclusion: Gaining a Strategic Advantage with Lexis+ AI

The TechNova case demonstrates how Lexis+ AI can provide a strategic advantage in both breach of contract and unjust enrichment claims. By streamlining research, drafting, and case analysis, Lexis+ AI empowers lawyers to adapt to the evolving legal landscape and remain competitive in the modern litigation arena. As Ontario’s civil litigation system transitions to a more efficient and disclosure-driven process, integrating AI into litigation workflows is not just beneficial – it is essential.