The defendant brought a motion to dismiss the proposed employment class action for delay pursuant to section 29.1 of the Class Proceedings Act, 1992.
The plaintiff had terminated his counsel's retainer and failed to take any steps to advance the proceeding or file a certification motion record by the statutory deadline.
The court found the motion was uncontestable as the plaintiff did not satisfy the mandatory conditions to keep the action alive.
The action was dismissed for delay with costs awarded to the defendant.
