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http://mccagueborlack.com/uploads/articles/50/rm_enough.pdf?1302030162
48.14 (1) Where an action in which a statement of defence has been filed has not been placed on a trial list or terminated by any means within two years after the filing of a statement of defence, the registrar shall serve on the parties a status notice (Form 48C) that the action will be dismissed for delay unless it is set down for trial or terminated within ninety days after service of the notice.
(2) A solicitor who receives a status notice shall forthwith give a copy of the notice to his or her client,
Dismissal by Registrar
(3) The registrar shall dismiss the action for delay, with costs, ninety days after service of the status notice, unless
(4.0.1) The registrar shall serve an order made under subrule (3) or (4) (Form 48D) on the parties.
(4.1) A solicitor who is served with an order dismissing the action for delay shall forthwith give a copy of the order to his or her client, and shall file proof that a copy was given to the client.
Status Hearing
(5) Where a status notice has been served, any party may request that the registrar arrange a status hearing, in which case the registrar shall mail to the parties a notice of hearing, and the hearing shall be held before a judge.
(6) The solicitors of record shall attend, and the parties may attend, the status hearing.
(7) Where a party represented by a solicitor does not attend the hearing, the party's solicitor shall file proof that a copy of the status notice and notice of time and place of the status hearing were given to the party.
Disposition at Status Heating
(8) At the status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and,
(9) Where the plaintiff is under disability, the action shall not be dismissed for delay unless,
(10) Rules 24.03 to 24.05 (effect of dismissal for delay) apply to an action dismissed for delay under subrule (3) (4) or (8).
(11) An order under this rule dismissing an action may be set aside under rule 37.14.
http://mccagueborlack.com/uploads/articles/50/rm_enough.pdf?1302030162
ACTION NOT ON TRIAL LIST WITHIN TWO YEARS
Status Notice48.14 (1) Where an action in which a statement of defence has been filed has not been placed on a trial list or terminated by any means within two years after the filing of a statement of defence, the registrar shall serve on the parties a status notice (Form 48C) that the action will be dismissed for delay unless it is set down for trial or terminated within ninety days after service of the notice.
(2) A solicitor who receives a status notice shall forthwith give a copy of the notice to his or her client,
Dismissal by Registrar
(3) The registrar shall dismiss the action for delay, with costs, ninety days after service of the status notice, unless
- (a) the action has been set down for trial;
(b) the action has been terminated by any means; or (c) a judge presiding at a status hearing has ordered otherwise.
(4.0.1) The registrar shall serve an order made under subrule (3) or (4) (Form 48D) on the parties.
(4.1) A solicitor who is served with an order dismissing the action for delay shall forthwith give a copy of the order to his or her client, and shall file proof that a copy was given to the client.
Status Hearing
(5) Where a status notice has been served, any party may request that the registrar arrange a status hearing, in which case the registrar shall mail to the parties a notice of hearing, and the hearing shall be held before a judge.
(6) The solicitors of record shall attend, and the parties may attend, the status hearing.
(7) Where a party represented by a solicitor does not attend the hearing, the party's solicitor shall file proof that a copy of the status notice and notice of time and place of the status hearing were given to the party.
Disposition at Status Heating
(8) At the status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and,
- (a) if the presiding judge is satisfied that the action should proceed, the judge may set time periods for the completion of the remaining steps necessary to have the action placed on a trial list and may order that it be placed on a trial list within a specified time, or may adjourn the status hearing to a specified date, on such terms as are just; or
(b) if the presiding judge is not satisfied that the action should proceed, the judge may dismiss the action for delay.
(9) Where the plaintiff is under disability, the action shall not be dismissed for delay unless,
- (a) notice of the status hearing is given to the Children's Lawyer, except where the Public Guardian and Trustee is litigation guardian of the plaintiff; or
(b) the presiding judge or a judge on motion orders otherwise.
(10) Rules 24.03 to 24.05 (effect of dismissal for delay) apply to an action dismissed for delay under subrule (3) (4) or (8).
(11) An order under this rule dismissing an action may be set aside under rule 37.14.
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