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Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

Ontario Court of Appeal Changes the Test Under Rule 24.01—The Passage of Time is Prejudicial

In Barbiero v Pollack, 2024 ONCA 904 (Barbiero) the Court of Appeal for Ontario upheld the motion judge’s dismissal of a class proceeding for delay under Rule 24.01 of the Rules of Civil Procedure. The plaintiff had not set...more

Ontario Superior Court Refuses to Dismiss for Delay, Taking Functional and Contextual Approach to Section 29.1 of the Class...

In McRae-Yu v Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu) the Ontario Superior Court of Justice refused to dismiss a proposed class action for delay under section 29.1 of the Class Proceedings Act, 1992. McRae-Yu...more

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