Dismissal For Delay Under The Ontario Class Proceedings Act: The First Application Of A New Rule

On October 1, 2020, significant amendments to Ontario's Class Proceedings Act, 1992, came into force, implementing major changes to the test for certification, appeal routes, carriage motions, and settlement approval.

Although these amendments generally apply only to actions proceedings commenced after October 1, 2020, one change applies to older proceedings: the new dismissal for delay regime under section 29.1 of the Act.

Under section 29.1 of the Act, unless certain steps are taken within the year following the start of the proceeding (such as filing “a final and complete motion record” in the motion for certification, or the court establishing a timetable for the completion of “one or more steps required to advance the proceeding”), the court “shall, on motion, dismiss for delay a proceeding.”