Alexander Payne

Alexander Payne

Bennett Jones LLP

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The Ontario Court of Appeal Clarified When Class Actions Should Be Dismissed for Delay

Many class actions take several years to litigate. Some may take even longer, because they sit idle for months or—in some cases—decades. In late 2024 and in early 2025, the Ontario Court of Appeal issued two decisions...more

5/28/2025  /  Appeals , Appellate Courts , Class Action , Motion to Dismiss , Rules of Civil Procedure

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

1/20/2025  /  Appellate Courts , Canada , Class Action , Class Certification , Dismissals , Litigation Strategies , Motion to Dismiss
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