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ARTICLE · 15 MAY 2024

Inordinate Delays And Prejudice!

Pallett Valo LLP
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As a result of the pandemic, the Courts placed in abeyance the administrative dismissal of claims not set down for trial within 5 years of the issuance of the statement of claim.

CanadaLitigation, Mediation & Arbitration
Sudevi Mukherjee-Gothi
Sudevi Mukherjee-Gothi
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I appreciate that the dismissal of a plaintiff's claim for delay deprives a litigant of an adjudication of their dispute on the merits and that it should not be done lightly. To allow the plaintiff's claim to proceed given these facts, I find, would offend the integrity of the civil justice system.

Muszynski J. – Divisions 9 + 10 Inc. v. McDonald Brothers et al

As a result of the pandemic, the Courts placed in abeyance the administrative dismissal of claims not set down for trial within 5 years of the issuance of the statement of claim.

I am happy to report that as of May 13th, 2024, administrative dismissals will be reinstated.

However, in the interim, many defendants have had to incur the costs of bringing a motion to dismiss for delay, with limited success. The Courts have been hesitant to dismiss actions because of access to justice concerns. Although this is an important foundation of justice, the decision in Divisions 9 + 10 Inc. v. McDonald

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