In its recent decision Carioca’s Import & Export Inc. v. Canadian Pacific Railway, the Ontario Court of Appeal has sent a clear message that the passage of time – albeit egregious – is not sufficient to dismiss an action for delay.  In that case, the Court restored an action to the trial list, despite a five year delay, holding that the overall conduct of all parties in the litigation must be examined to determine if such a dismissal is warranted.

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