What is the test for a motion to dismiss an action for delay?
Ontario, Canada
The following excerpt is from Grant v. Volkert, 2021 ONSC 3417 (CanLII):
Rule 24.01 is the rule which permits a defendant who is not in default under the rules to bring a motion to dismiss the action for delay where the plaintiff has failed to serve the statement of claim on all of the defendants within the prescribed time. In addition, courts have held that there is an inherent jurisdiction to dismiss an action for delay to prevent an abuse of its own process. See: Ticchiarelli v. Ticchiarelli, 2017 ONCA 1.
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