When is the deadline for registrar's dismissal for delay - fifth anniversary of commencement?
The catalogue records a 5 years period from Commencement of the action. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 5 years
- Trigger
- Commencement of the action
- 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.
- Expressly 'unless the court orders otherwise'. r 48.14(4) provides an escape: subrule (1) does not apply if, at least 30 days before the expiry of the applicable period, a party files a timetable signed by all parties together with a draft order, showing a set-down or restoration date no more than two years after the applicable period expires. r 3.02(1) general power also applies.
- MANDATORY registrar action, not a party deadline, and it runs from commencement rather than from close of pleadings. By r 48.14(1.1) it does not apply to actions on the Toronto Commercial List or to actions under the Class Proceedings Act, 1992. Anniversary computation, not a day count.