What is the effect of a Registrar dismissing an action as abandoned or for delay?

Ontario, Canada


The following excerpt is from Phillips v. Ontario (Ministry of Transportation), 2011 ONSC 1939 (CanLII):

In addition, I am not satisfied that the dismissal order in this action provides the defendant with any significant degree of finality, in any event. As I have indicated above, the claims being advanced by the plaintiff in this action are very similar to those being advanced in the certified class proceeding. The plaintiff is free to join that proceeding as a class member and advance his claims in that forum. An order made by a Registrar dismissing an action as abandoned, or for delay, does not involve a determination of an action on its merits and is not res judicata. See Hudon v. Colliers Macaulay Nicolls Inc., [2000] O.J. No. 3125 (S.C.J.) at paragraphs 6 and 7; reversed on other grounds, [2001] O.J. No. 1588 (Div. Ct.). CONCLUSION

Other Questions


What are some cases in which an action has been dismissed for delay on the ground of delay? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the effect of a delay in determining whether a party will be prejudiced by the delay? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
What is the effect of a delay in obtaining an order from the Human Rights Tribunal for a delay of more than a year? (Ontario, Canada)
In what circumstances will a motion to dismiss an action be dismissed? (Ontario, Canada)
What are the failures of the Master Master in dismissing an action for delay? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What are the reasons for a motion to dismiss this action for delay? (Ontario, Canada)
Does res judicata apply in the context of a motion to dismiss an action for delay? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.