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Rule intended to move cases along

Toronto litigator Brian Radnoff

A rule imposed in civil litigation cases is making an impact on how courts handle delays, Toronto litigator Brian Radnoff says in Law Times.  Read Law Times

“Courts are starting to be more strict with delays,” Radnoff says in the article.

Rule 48.14 of the Rules of Civil Procedure is intended to move cases along and weed out inactive cases, the report says, noting the rule lays out what’s required in an administrative dismissal and what is necessary to have it reversed.

In a Feb. 4 decision, Law Times reports that Superior Court Master D.E. Short decided the rule shouldn’t outright trump the right of access to justice. His lengthy ruling includes suggestions on what is necessary to contest a dismissal at a status hearing, the article says.

Radnoff says while delays are being taken more seriously, defendants are also becoming more aggressive in complaining about them and moving to have actions dismissed.

“This decision contains a very thorough analysis of what a court should consider at a status hearing when there’s a motion to dismiss for delay,” he says in the article.