• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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No Avoidance in Delay: A Cautionary Tale for Plaintiffs with Dormant Files

Defendants may take some comfort from the Ontario Court of Appeal’s recent decision in Ticchiarelli v. Ticchiarelli,[1] which has clarified the law in respect of dismissing an action for delay. Specifically, the Court of Appeal confirmed that even if a defendant takes procedural steps and engages in settlement negotiations, this will not necessarily excuse the plaintiff’s delay or save the action from being dismissed.

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