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ARTICLE · 14 FEBRUARY 2022

First Reported Decision On S. 29.1 Of The Amended CPA – Bourque v Insight Productions

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In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 ("CPA"), dismissing a putative class action for delay.

CanadaLitigation, Mediation & Arbitration
Siskinds LLP
Siskinds LLP
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In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 ("CPA"), dismissing a putative class action for delay.

Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first anniversary of the day on which the proceeding was commenced, certain criteria are met, including:

  • the representative plaintiff has filed a final and complete motion record in the motion for certification; or
  • the parties have agreed in writing to a timetable for service of the representative plaintiff's motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding, and have filed the timetable with the court; or 

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