Rule 11.1 – Dismissal by Clerk

Dismissal

11.1.01 (1) Unless the court orders otherwise, the clerk shall make an order dismissing an action for delay if, by the later of the second anniversary of the commencement of the action and September 1, 2017,

Note: On March 1, 2018, subrule 11.1.01 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following: (See: O. Reg. 488/16, s. 1 (1))

(1) Unless the court orders otherwise, the clerk shall make an order dismissing an action for delay if, by the second anniversary of the commencement of the action,

(a) the action has not been disposed of by order; and

(b) no step has been taken by the plaintiff under subrule 11.03 (2) or (2.1) to obtain judgment, nor has a trial date been requested.  O. Reg. 194/15, s. 3; O. Reg. 38/16, s. 6.

Exceptions

(2) Subrule (1) does not apply if,

(a) an offer to settle the action has been accepted and filed;

(b) the defence contains an admission of liability for the plaintiff’s claim in the action and a proposal of terms of payment under subrule 9.03 (1); or

(c) at the time the clerk would otherwise be required under that subrule to dismiss the action, the plaintiff is under disability.  O. Reg. 194/15, s. 3.

Electronic Issuance

(2.1) An order made under subrule (1) may be issued electronically. O. Reg. 488/16, s. 1 (2).

Service of Order

(3) The clerk shall serve a copy of an order made under subrule (1) on the parties.  O. Reg. 194/15, s. 3.

(4) Revoked: O. Reg. 488/16, s. 1 (3).

Effect of dismissal on defendant’s claim

11.1.02 If an action against a defendant who has made a defendant’s claim is dismissed for delay under subrule 11.1.01 (1), the defendant’s claim shall be deemed to be dismissed 60 days after the order under that subrule is served, unless the court orders otherwise during the 60-day period. O. Reg. 202/17, s. 1.