Is Your Lawsuit Stale? Dismissal Of Actions For Delay Under Rule 48

After a hiatus during the COVID-19 pandemic ("COVID"), on May 13, 2024, Registrars of local Ontario courts have resumed sending out notices entitledOrder Dismissing Action for Delay – Form 48D("Dismissal Notices"). ADismissal Notice signifies that a party's action has been administratively 'terminated'. The court system has determined, by reference to the action's start date, that it is beyond its 'best before' date.

Rule 48.14(1) of the Rules of Civil Procedure (the "Rules") essentially provides that civil court actions have a 'lifespan' of five years. Within that period, the action must: be resolved by some means (e.g., trial or settlement) or have finished the necessary procedural steps, with a trial requested. Otherwise, the local Registrar is required to dismiss the action for delay. How Dismissal Notices are received is a function of what side of a claim the recipient is on. Plaintiffs (parties that start actions) are anxiously shocked. Defendants (facing