THE COURT OF APPEAL FOR ONTARIO HAS AFFIRMED THAT AN ACTION WILL
BE DISMISSED FOR DELAY AT A STATUS HEARING ABSENT COMPELLING
FACTORS FAVORING THE CONTINUANCE OF THE ACTION.
In Kara v. Arnold, 2014 ONCA 871, the Court affirmed a
ruling by the motions judge at a status hearing dismissing an
action where there had been an eleven-year delay between the
delivery of the defendant's statement of defence and the date
of the status hearing.
Since the Court's decision in Kara, significant
changes have been made to Rule 48.14 of the Rules of Civil
Procedure, R.R.O. 1990, Reg. 194 (the
"Rules"), effective January 1, 20151.
The Kara decision was made under the former Rule 48.14.
Nonetheless, the principles in Kara governing when an
action will be dismissed for delay by the Courts would appear to
apply under the new Rule 48.14. Counsel should consult the new Rule
48.14 to be made aware of the new procedures, transition rules, and
deadlines now in effect.
