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ARTICLE · 06 JUNE 2024

The Consequences Of Delay

Effective May 13, 2024, court staff will resume issuing and serving administrative dismissals and orders for delay.

CanadaLitigation, Mediation & Arbitration

On February 28, 2024, the Ministry of the Attorney General of Ontario released an important notice to the public and to the profession, reinstating a rule that was suspended during the COVID pandemic that will impact the management of civil claims before the Superior Court of Justice in Ontario.

Effective May 13, 2024, court staff will resume issuing and serving administrative dismissals and orders for delay.1 As a result, per rule 48.14 (1) of the Rules of Civil Procedure, all civil matters, excluding matters before the Commercial List in Toronto as well as actions brought under the Class Proceedings Act, will be subject to a firm five-year term to be set down for trial.2

From March 16, 2020, to September 13, 2020, the Ontario courts implemented a suspension of all time periods on claims while the courts were closed as a result of Covid-19. When the courts reopened these timelines were reactivated, however a direction was made to put a pause on the issuance of

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