Case information

Civil procedure — Class actions — Dismissal of action for delay — How should mandatory dismissal for delay provisions be interpreted in Canada? — What counts as “waiver” in class action proceedings in Canada? — Class Proceedings Act, 1992, S.O. 1992, c. 6, s. 29.1(1).

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The applicants, William Tataryn and Daya Nand Rajan, are representative plaintiffs in a class proceeding commenced in May 2018 against the respondent, Diamond & Diamond Lawyers LLP. In 2023, the respondent filed a motion to dismiss the applicants’ action for delay pursuant to s. 29.1(1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6, a provision introduced in 2020 that requires a class action plaintiff to complete one of several steps within one year from the day the proceeding was commenced or face dismissal of the proceeding for delay. In this case, the operation of the transition provisions meant that for the parties, the one-year time frame expired on October 1st, 2021. The motion judge granted the respondent’s dismissal for delay motion and dismissed the applicants’ action. The applicants appealed the decision; however, the Court of Appeal for Ontario found no error with the motion judge’s decision and dismissed the appeal.