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Dormant class action dismissed for delay under s. 29.1 of the Class Proceedings Act.
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.
Search warrants under the Criminal Code may be issued to gather evidence of negligence regarding strict liability offences.
A plant operated by the respondents discharged chlorine into adjacent waters, killing fish.
The authorities obtained a search warrant under s. 487(1) of the Criminal Code to search for evidence of negligence that would negate a defence of due diligence to strict liability environmental offences.
The respondents successfully applied to quash the warrants in the lower courts.
The Supreme Court of Canada allowed the Crown's appeal, holding that the broad wording of s. 487(1) authorizes the issuance of warrants to search for and seize evidence of negligence in the investigation of strict liability offences.
