Don’t Delay: Ontario Court of Appeal Updates Dismissal for Delay Test and Finds It Applies to Class Actions

March 16, 2025 | Chelsea Smith

The recent decision of the Court of Appeal for Ontario in Barbiero v Pollack[1] involved a motion for dismissal for delay of a 21-year-old class action. Although the decision was made in the context of an exceptionally long delay, this unanimous decision authored by Justice Brown provides helpful new guidance concerning less lengthy delays as well and the legal principles governing dismissal for delay motions in Ontario in class actions.

Please login to access this article.

Login to MyCBA