Background:
Rules of Civil Procedure, Rules of Small Claims Court, and the Family Law Rules require the administrative dismissal of court cases on the expiry of particular timelines.
Administrative dismissals were suspended from March 16, 2020 to September 13, 2020. This suspension was because of the COVID-19 pandemic, and it ended on September 13, 2020. However, Ontario Courts directed court staff not to administratively dismiss cases beyond this date. This direction will end on May 13, 2024.
Purpose of Administrative Dismissals:
Administrative dismissals ensure that court cases are resolved in a timely manner. They discourage delays in court cases and attempt to increase efficiency in courts.
Current Directive:
On May 13, 2024 administrative dismissals resume for civil, Small Claims Court, Divisional Court, and family cases.
Specifically, on February 28, 2024, the Ministry of the Attorney General (Ontario) indicated that administrative dismissals of Superior Court civil cases will recommence effective May 13, 2024 if they:
- have not been set down for trial within five years. Superior Court civil actions started before November 12, 2018, and to which Rule 48.14 of the Rules of Civil Procedure apply that have not been scheduled for trial will be subject to administrative dismissal as of May 13, 2024. This period takes into account the 182 day COVID suspension noted above; or,
- have been struck off the trial list and not restored within two years.
Administrative dismissals for Small Claims, Divisional Court, and family matters will resume on May 13, 2024.
Rule 48.14 does not apply to Commercial list matters, class actions, or where the plaintiff/applicant is under a disability.
If Your Case Is at Risk of Administrative Dismissal:
If your case has not been scheduled for trial and struck from the list, you can avoid a dismissal by:
- filing a consent timetable and draft order at least 30 days before the dismissal deadline (being 5 years plus 182 days after the application was started);
- setting the action down for trial; or,
- bringing a motion for a status hearing.
If an action has been previously set down for trial and struck from the list, it is subject to administrative dismissal two years after it was struck, and careful consideration also must be taken as to next steps in this case.
Your lawyer should carefully consider the next steps if your case may be approaching an administrative dismissal.
Contact us if you have questions on administrative dismissals.
