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ARTICLE · 01 DECEMBER 2022

"Class (Action) Dismissed!": Recent Interpretations Of Section 29.1 Of The Class Proceedings Act, 1992

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On October 1, 2020, Ontario adopted amendments and additions to the Class Proceedings Act, 1992 (CPA), including s.29.1, which allows the defendants to move for the early dismissal...

CanadaLitigation, Mediation & Arbitration
Robert Sniderman
Robert Sniderman
Derek Ronde
Derek Ronde
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On October 1, 2020, Ontario adopted amendments and additions to the Class Proceedings Act, 1992 (CPA), including s.29.1, which allows the defendants to move for the early dismissal of a class proceeding for delay should the representative plaintiff fail to take certain steps by the first anniversary of the day on which the proceeding was commenced.

The Ontario Superior Court of Justice has issued a small handful of decisions interpreting and analyzing s.29.1 since its adoption. While the earliest decisions suggested that the section is clear on its face and should be read literally with no discretion available to the Court, subsequent decisions have carved out some discretion in specific circumstances.

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