The defendants Mercedes-Benz and Mitsubishi brought a motion to dismiss the proposed class action for delay pursuant to s. 29.1 of the Class Proceedings Act, 1992.
The plaintiffs argued that the court had discretion not to dismiss the action and that all defendants must join the motion.
The court held that s. 29.1 is mandatory and does not require all defendants to join.
The action was dismissed against the moving defendants, but the court exercised its jurisdiction under s. 12 to order that the dismissal be set aside if the plaintiffs file a complete certification motion record within thirty days.
