When proceeding taken to be dismissed
75 When proceeding taken to be dismissed
A proceeding is taken to be dismissed in relation to a defendant if—
at the end of 1 year after the day the originating process is issued, an affidavit of service of the process on the defendant has not been filed in the court; or
at the end of 1 year after the day the originating process is served on the defendant—
a notice of intention to respond or defence has not been filed in the court by the defendant; and
judgment has not been entered in relation to the defendant; and
the proceeding has not otherwise been disposed of in relation to the defendant.
Also, a proceeding is taken to be dismissed in relation to a party if the party does not take a step in the proceeding before the end of 1 year after the day the last step was taken in the proceeding.
For subrule (2), the filing in the court of a notice of intention to proceed in relation to a proceeding is taken to be a step in the proceeding.
See approved form 2.84 (Notice of intention to proceed) AF2008-3.
A proceeding is taken to be dismissed under subrule (1) or (2) on the day after the day the relevant 1-year period mentioned in the subrule ends.
Example
There is 1 plaintiff and 1 defendant to a proceeding. The defendant takes a step in the proceeding on 1 July 2006. If the plaintiff fails to take the next step on or before 1 July 2007, the proceeding is taken to be dismissed on 2 July 2007.
If a proceeding is taken to be dismissed in relation to a defendant under subrule (1) or (2), the plaintiff must pay the costs of the defendant.
Unless the court otherwise orders, subrule (5) does not apply if the proceeding is reinstated under rule 76.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.