Oscar Wilde apparently advised, “Never put off till tomorrow what you can possibly do the day after.”
Procrastination is the evil that some say would be encouraged if Rule 48.14 of the Ontario Rules of Procedure were changed to lengthen the two year period after which court machinery will come belching and hissing to life, swiping actions not listed for trial off the conveyor belt into the waiting pail beneath marked “Status Hearings”.
Is this a sensible use of judicial and administrative resources? All those plaintiffs’ lawyers swearing affidavits about how they changed their address and never got the Status Notice, or detailing how they have handled the action properly from the outset, or why the extent of the plaintiff’s injuries can’t be determined within two years. Think of all those defendants’ lawyers rubbing their hands and not consenting to set aside administrative dismissals, and all those professional negligence claims triggered and litigated.
And what’s in it for the government? Can’t plaintiffs hound their lawyers into action? Can’t defendants move for failure to prosecute? When a dismissal sticks, how is that consistent with the goals of justice?
See the excellent letter from OBA President Paul Sweeny here raising these issues with the AG in June this year.
Let your voice be heard.