Smith v. Armstrong et al, 2018 ONSC 2435

JurisdictionOntario
JudgeR. D. GORDON, R.S.J.
Citation2018 ONSC 2435
Date17 April 2018
CourtSuperior Court of Justice of Ontario (Canada)
Docket NumberCP-1737/00
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5 practice notes
  • Barbiero v Pollack,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 14, 2024
    ...class action for delay, the courts applied Rule 24.01 to proposed class actions and dismissed them for delay. 151 In Smith v. Armstrong, 2018 ONSC 2435, R.D. Gordon, R.S.J. noted that s. 29(4) of the CPA (as does the present s. 29(2)) explicitly referred to dismissal for delay as a basis fo......
  • McRobert v. Estate of Peel, 2019 ONSC 2618
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 26, 2019
    ...Importantly also, these circumstances are far different from those before the court in Smith v. Armstrong 2018 ONSC 2435, a case relied on by the defendants, where the 17-year delay was found to be “inordinate”, over a decade of delay could not be reasonably explained by the p......
  • Delay In Class Actions "Saps Public Confidence" - Saskatchewan Court Of Appeal
    • Canada
    • Mondaq Canada
    • January 17, 2023
    ...at para. 15. 12 2022 ONSC 4999 at para. 42. 13 2022 ONSC 5973 at paras. 78, 91. 14 Sask. Q.B. Rules 2013. 15 R.R.O. 1990, Reg. 194. 16 2018 ONSC 2435. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
  • Where Are We With The Languishing Class Action Cases?
    • Canada
    • Mondaq Canada
    • April 9, 2019
    ...delay. However, the Rules of Civil Procedure are incorporated by reference pursuant to s.35 of the legislation. 3 Smith v Armstrong et al 2018 ONSC 2435 at para 4 Submission by Innovative Medicines Canada and MEDEC, see: http://innovativemedicines.ca/wp-content/uploads/2018/06/20180531_IMC_......
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3 cases
  • Barbiero v Pollack,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 14, 2024
    ...class action for delay, the courts applied Rule 24.01 to proposed class actions and dismissed them for delay. 151 In Smith v. Armstrong, 2018 ONSC 2435, R.D. Gordon, R.S.J. noted that s. 29(4) of the CPA (as does the present s. 29(2)) explicitly referred to dismissal for delay as a basis fo......
  • McRobert v. Estate of Peel, 2019 ONSC 2618
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 26, 2019
    ...Importantly also, these circumstances are far different from those before the court in Smith v. Armstrong 2018 ONSC 2435, a case relied on by the defendants, where the 17-year delay was found to be “inordinate”, over a decade of delay could not be reasonably explained by the p......
  • Grewal v Peel District School Board,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 5, 2023
    ...para 11. [7] Faris v Eftimovski, 2013 ONCA 360 at paras 32-33 [8] Faris at paras 27 - 42 [9] Faris at para 25 [10] Smith v Armstrong, 2018 ONSC 2435 [11] Smith at paras 23 – 25. Neither side referred to Smith or Faris. [12] Nanak Homes Inc. v Arora, 2019 ONSC 6654 at para 11. This ca......
2 firm's commentaries
  • Delay In Class Actions "Saps Public Confidence" - Saskatchewan Court Of Appeal
    • Canada
    • Mondaq Canada
    • January 17, 2023
    ...at para. 15. 12 2022 ONSC 4999 at para. 42. 13 2022 ONSC 5973 at paras. 78, 91. 14 Sask. Q.B. Rules 2013. 15 R.R.O. 1990, Reg. 194. 16 2018 ONSC 2435. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spec......
  • Where Are We With The Languishing Class Action Cases?
    • Canada
    • Mondaq Canada
    • April 9, 2019
    ...delay. However, the Rules of Civil Procedure are incorporated by reference pursuant to s.35 of the legislation. 3 Smith v Armstrong et al 2018 ONSC 2435 at para 4 Submission by Innovative Medicines Canada and MEDEC, see: http://innovativemedicines.ca/wp-content/uploads/2018/06/20180531_IMC_......

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