The defendants brought a motion on consent to dismiss the putative class action for delay under s. 29.1 of the Class Proceedings Act, 1992.
The action was commenced in 2011 and had been dormant since 2012, with no certification motion record filed or timetable established.
The court found that the mandatory requirements for dismissal under s. 29.1 were met, as the statutory deadline of October 1, 2021, had passed without any required steps being taken.
The action was dismissed, and plaintiffs' counsel was ordered to bear the costs of providing notice of the dismissal.
