This memorandum is a mixed bag of topics. It consolidates the following areas of The Rules: time, time for service of the statement of claim, delay in prosecution, discontinuance and noncompliance, and irregularities. The Rules contain over 30 different time periods, ranging in duration from 24 hours to 10 years. Most of these time periods are under 30 days and many are roughly equivalent. It is proposed to replace these 30-some time periods with a smaller number of standard time periods. The current principles for calculating time are also overly complicated it is proposed that the Rules should contain a complete set of principles for calculating time and that periods should be counted forwards rather than backwards. The Committee favours retaining Rule 11, which requires service within 1 year for service of a statement of claim. On the issue of delay of prosecution, the committee proposes to keep the options for dealing with delay and thinks that these Rules will continue to be useful. The drop dead Rules should be retained, but should provide that once five years have passed since the last thing that materially advanced an action, the defendant should not be able to avoid the operation of the rule by taking a step before the application to strike is failed. The Court should have discretion to make any orders necessary to deal with third party notices and counterclaims that may be affected by an order for dismissal due to delay. The Committee also addresses discontinuance of an action, withdrawal of a defence, the issue of when leave should be required to discontinue, and noncompliance and irregularities.
Consultation Memoranda
Back to Publication SearchRules: Miscellaneous Issues, Consultation Memorandum 12.14
Resource Details
Publication No: | 12.14 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01214.pdf |