Successful Dismissal For Delay Under The Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the "Court") dismissed a proposed class proceeding for delay. The decision is noteworthy as it's the first reported decision that considers section 29.1 of the Class Proceedings Act, which requires plaintiffs to either serve or establish a timeline to serve certification motion materials within one year of starting a class action.

Background

Amendments to Class Action Legislation in Ontario

This motion to dismiss for delay arose from the newly-introduced section 29.1 of the Class Action Proceedings Act, 1992 (the "Act") that came into force on October 1, 2020, as amended by the Smarter and Stronger Justice Act, 2020. Section 29.1 of the Act provides that a court shall dismiss for delay a proceeding commenced under the Act if one of the following steps are not taken within one year of the proceeding's commencement date: