The defendant brought a motion to lift a stay and dismiss a proposed class proceeding commenced in 2008 that never advanced to the certification stage.
Parallel proceedings in British Columbia and Quebec had concluded with modest recoveries for narrow classes.
Plaintiff's counsel had lost contact with the nominal plaintiff and consented to dismissal.
The court dismissed the action for delay under s. 29.1 of the Class Proceedings Act, 1992, finding that the plaintiff had not moved for certification within the prescribed time.
The court required class counsel to publish notice of the dismissal on the firm's website but declined to order further notification steps, given the minor nature of the claims and the absence of any class member registry.
