Ontario’s growing criminal court backlog is creating serious Problems for civil cases

December 05, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Ontario’s growing criminal court backlog is creating serious consequences for victims, accused persons, and public confidence in the justice system. It also has real, practical impacts on related civil claims, including motor vehicle accidents, assaults, and other cases where the same events give rise to both criminal charges and lawsuits.

Why are the numbers rising of stays, withdrawals, and delayed justice?

Over the past decade, there has been a marked shift in how criminal cases in Ontario are resolved. A majority of cases now end without a full trial decision, with charges being withdrawn, stayed, dismissed, or discharged before the merits are tested. In the 2022–23 fiscal year, 56 per cent of criminal cases in Ontario ended in this way, up significantly from 2013–14 when guilty decisions were still the most common outcome.

CBC News reports that stakeholders point to several drivers: pandemic-era shutdowns, a surge in digital evidence, and chronic shortages of judges, Crowns, court staff, and courtrooms. At the same time, constitutional “Jordan” ceilings require cases to be completed within set time limits, or charges risk being stayed for unreasonable delay. More than 580 criminal cases in Ontario have been stayed for delay since those time limits came into effect, including 145 sexual assault cases and one homicide.

Government response and capacity limits

Ontario has committed over $29 million to appoint at least 25 new judges and hire 190 additional Crown prosecutors, victim support workers, and court staff for the Ontario Court of Justice. The stated aim is to help prevent delay-based stays, keep pace with the growing complexity of cases, and reduce backlogs.

Front-line Crowns and justice groups, however, say this is only a start and not enough to repair systemic under-resourcing. They note that recruitment and training take time and that many courts are still struggling with limited courtroom availability, staff shortages, and scheduling practices like “stacking” multiple trials in a single courtroom day, even though realistically only one can proceed.

How criminal backlogs affect civil cases

Although criminal and civil courts are separate, Ontario’s criminal backlog has several practical effects on related civil litigation:

• Timing and strategy: Where there are parallel criminal charges (for example, impaired or dangerous driving, assaults, fraud), civil counsel often monitor or defer steps pending the outcome of the criminal matter. Backlogs can lengthen this period and complicate limitation strategies and settlement timing.​
• Evidence and findings: A criminal conviction can be powerful evidence in a related civil case, while a stay or withdrawal may leave victims feeling that the only meaningful accountability available is through the civil system.
• Witness fatigue and credibility: Long delays affect memories, willingness to participate, and the emotional strain on complainants, accused persons, and witnesses. This may influence evidence in both civil discoveries and trials arising out of the same events.
• Resource diversion: Courts often prioritize criminal matters to avoid Jordan breaches, which can reduce available judicial and administrative resources for civil hearings, trials, and motions.

In practice, this means Ontario personal injury and civil litigators must plan more carefully around uncertain criminal timelines, evolving evidence, and the real possibility that a criminal case may never reach trial.

Practical guidance for plaintiff counsel

When representing plaintiffs whose cases intersect with criminal proceedings or systemic delay, several steps can help protect their interests.

Plaintiff use – do:

• Coordinate early: At intake, identify whether there are criminal charges, expected charges, or investigations, and build timelines that account for possible delays in the criminal process.
• Preserve evidence independently: Do not rely on the criminal matter to secure records. Send preservation letters to police, hospitals, employers, and insurers; request copies of disclosure when appropriate and lawful.
• Manage expectations: Explain that criminal stays or withdrawals do not prevent a civil claim from proceeding, and that civil standards of proof are different. Emphasise the separate role of civil courts in providing compensation and some measure of accountability.

Plaintiff use – don’t:

• Don’t wait passively for the criminal case: Avoid letting a civil file go dormant simply because criminal timing is uncertain. Monitor limitation periods and consider partial steps, such as issuing a claim while holding discoveries in abeyance.
• Don’t assume a conviction will be available: With high rates of stays, withdrawals, and diversions, plaintiffs should build cases on independent evidence rather than counting on a criminal verdict.

Evidentiary issues in delay-heavy systems

Evidentiary issues – do:

• Prioritize early discovery: Take meaningful discovery and obtain critical records sooner rather than later, before memories fade and while electronic and digital evidence can still be retrieved.
• Clarify the record: Where criminal disclosure is used in civil proceedings, ensure proper foundation, redaction, and compliance with privacy and confidentiality rules.

Evidentiary issues – don’t:

• Don’t over-rely on aged testimony: Where delay has clearly weakened witness recollection, consider whether corroborating documents, photographs, or digital records can carry the evidentiary weight instead.

Privacy, ethics, and client counselling

Privacy/ethics – do:

• Counsel clients about public statements: Backlogs increase the time clients remain under scrutiny. Remind them that social media posts, texts, and emails may be disclosed in civil or criminal processes.
• Support victims navigating both systems: Help clients access victim support services and explain differences between criminal “public interest” prosecutions and private civil claims for damages.

Privacy/ethics – don’t:

• Don’t pressure clients into civil settlements solely because of criminal delay: Ensure they understand the long-term implications, including releases, confidentiality, and impacts on any restitution orders.

Litigation planning in an era of backlog

Litigation planning - We work hard to

• Build realistic timelines: Assume that criminal matters may take years to conclude and that civil hearings may face their own scheduling challenges. Communicate this clearly to clients at the outset.

• Use mediation strategically: Consider mediation once key facts and injuries are reasonably clear, even if the criminal process is unresolved. This can provide earlier closure where both sides are motivated.

Litigation planning – don’t:

• Don’t underestimate cascading delay: Criminal backlogs can indirectly slow civil motions, trials, and approvals. When planning steps like expert reports and examinations, factor in that hearing dates may move.

Ontario’s criminal backlog is not just a criminal law issue; it is an access to justice issue that spills into the civil system and affects real people on all sides of a case. For a Kitchener client trying to move on after a serious incident, clear advice and proactive planning in this environment are essential. Call us first to get the help you deserve.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.