Access to Justice and Civil-Procedural Bargaining^†.

The article focuses on the access-to-justice crisis in Canada, particularly emphasizing its characterization as a civil-procedural problem. It proposes a new typology of civil procedural rules—facilitation rules (which promote case administration), information rules (which govern evidence exchange), and protection rules (which safeguard fairness)—to better inform reform efforts. Highlighting the procedural flexibility revealed by COVID-19 court adaptations, the article argues that many procedural rules are negotiable through party agreements and judicial discretion, presenting opportunities for incremental reforms without extensive legislative overhaul. As a practical reform, it proposes mandatory pre-litigation procedural bargaining to encourage parties to agree on streamlined procedures, potentially reducing costs, delays, and strategic gamesmanship while preserving essential protections. This framework aims to guide policymakers and advocates in identifying accessible, procedural "low-hanging fruit" to improve justice system accessibility.