Context matters: Ontario court again refuses to dismiss for delay under s. 29.1

By Alex Payne and Adam Walji ( November 21, 2024, 10:55 AM EST) -- The Ontario Superior Court of Justice in McRae-Yu v. Profitly Incorporated et. al., 2024 ONSC 5615 (McRae-Yu), continued the recent trend of refusing to dismiss a proposed class action for delay under section. 29.1 of the Class Proceedings Act, 1992. The motions judge in McRae-Yu underscored that s. 29.1 is not a “zero-tolerance” regime designed to “catch plaintiffs out.”...