Chief Justice Wagner recently remarked that the Supreme Court of Canada wants to hear more private law cases—yet few such cases seem to be making it to the top court. Why is that?

Many would point to the skyrocketing cost of litigation as the main barrier, and they wouldn’t be wrong. Over the past 10–15 years, personal injury litigation in Canada has become increasingly expensive, unpredictable, and stacked against injured plaintiffs. Insurers have deep pockets to fund appeals and test legal limits, while plaintiffs face mounting costs, complex procedural hurdles, and delays that make meaningful access to justice harder than ever.

But there’s another issue that isn’t talked about enough: the role (or lack thereof) of special advocacy groups in shaping the legal landscape. Organizations like the Ontario Trial Lawyers Association (OTLA) have the reach and resources to identify and push forward cases that could create meaningful legal precedents—cases that could challenge unfair statutory regimes, clarify ambiguous laws, or rebalance the power dynamic between insurers and claimants. Yet, we see very little of this happening.

The result? Laws that remain stagnant while insurers benefit from an environment that allows them to minimize payouts, delay claims, and outspend injured plaintiffs into submission.

If the Supreme Court is signaling its willingness to take on more private law cases, isn’t now the time to act? The plaintiff’s bar, advocacy groups, and legal professionals who care about access to justice must be more strategic and proactive in pushing key cases forward. Otherwise, the legal landscape will continue to evolve in favor of insurers—at the expense of those who need compensation the most.