When is the deadline for class proceeding - mandatory dismissal for delay at the first anniversary?
The catalogue records a 1 year period from Commencement of the proceeding under s 2. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Calculation basis and source
- Period
- 1 year
- Trigger
- Commencement of the proceeding under s 2
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- NONE once the anniversary passes without one of the four saving events: the section says the court 'shall' dismiss on motion. The discretion is exercised earlier, in agreeing or obtaining a timetable under clause (b) or (c). Note also RCP r 48.14(1.1)(b), which disapplies the registrar's five-year dismissal to actions under this Act.
- Added on verification: added by SO 2020, c 11, Sched 4, s 26 and amended by SO 2021, c 25, Sched 1, s 1, this is the operative delay guillotine for Ontario class proceedings and stands in place of the Rule 48.14 regime, which does not apply to them. Anniversary computation from commencement. Section 29.1(2) then requires class counsel to publish notice of the dismissal, at counsel's own cost under s 29.1(4).