Order Dismissing Claim for Delay (SCSM)

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Date Retrieved:	2025-03-31
CLNP Page ID:	2487
Page Categories:	[Small Claims Court Procedures]
Citation:	Order Dismissing Claim for Delay (SCSM), CLNP 2487, <>, retrieved on 2025-03-31
Editor:	Sharvey
Last Updated:	2025/03/14

O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT

11.1.01 (1) Unless the court orders otherwise, the clerk shall make an order dismissing an action for delay if, by the second anniversary of the commencement of the action,

(a) the action has not been disposed of by order; and

(b) no step has been taken by the plaintiff under rule 11.03 to obtain judgment, nor has a trial date been requested. O. Reg. 194/15, s. 3; O. Reg. 38/16, s. 6; O. Reg. 488/16, s. 1 (1); O. Reg. 249/21, s. 8.

Exceptions

(2) Subrule (1) does not apply if,

(a) an offer to settle the action has been accepted and filed;

(b) the defence contains an admission of liability for the plaintiff’s claim in the action and a proposal of terms of payment under subrule 9.03 (1); or

(c) at the time the clerk would otherwise be required under that subrule to dismiss the action, the plaintiff is under disability. O. Reg. 194/15, s. 3.

(2.1) Revoked: O. Reg. 108/21, s. 13.

Service of Order

(3) The clerk shall serve a copy of an order made under subrule (1) on the parties. O. Reg. 194/15, s. 3.

(4) Revoked: O. Reg. 488/16, s. 1 (3).

Effect of Dismissal on Defendant’s Claim

11.1.02 If an action against a defendant who has made a defendant’s claim is dismissed for delay under subrule 11.1.01 (1), the defendant’s claim shall be deemed to be dismissed 60 days after the order under that subrule is served, unless the court orders otherwise during the 60-day period. O. Reg. 202/17, s. 1.

Evans v Triserve Management Inc, 2013 CanLII 54100 (ON SCSM)

1. The plaintiffs move to set aside the clerk’s order dismissing claim as abandoned dated April 23, 2013. The motion was granted for reasons to follow which are provided below.

2. The point of practice which arises here is whether a notice and subsequent dismissal order under Rule 11.1 of the Small Claims Court Rules, O.Reg. 258/98, when issued only under the court file number of the plaintiff’s claim, also affect a defendant’s claim. The plaintiffs submit that they do not and that the defendant’s claim (court file 451D1/12) remains pending despite the clerk’s dismissal order in the plaintiff’s claim (court file 451/12). I agree.