On September 1, 2015, Ontario Regulation 194/15 under the Courts of Justice Act, amended The Rules of the Small Claims Court. Rule 11.1 was added on September 1, 2015, but the real effect of Rule 11.1 will be felt on September 1, 2017. All small claims actions issued prior to September 1, 2015, will be dismissed on September 1, 2017, if the action has not been disposed of or set down for trial. If you have a small claims action commenced prior to September 1, 2015, in any small claims court in Ontario, it will be automatically dismissed if you do not take action before September 1, 2017.
Rule 11.01 of the Rules of Small Claims Court states:
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,
(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.
(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.
The Small Claims Court Clerk will not provide notice of the approaching dismissal. You will simply receive an Order Dismissing Claim for Delay.
For more information protect your small claims action, contact one of our experienced paralegals or call us at 905-553-2572.