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Rules of Civil Procedure › Prejudice › Dismissals

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

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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

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