Ontario Lawyers: New Rule 48.14: Counterclaims, Crossclaims, and Third Party Claims Will Also Be Administratively Dismissed
This article is by Ian Hu, claims prevention and praticePRO Counsel at LAWPRO.
We have received inquiries regarding whether a defendant’s counterclaim, crossclaim, or third party claim is also dismissed when the main action is administratively dismissed under Rule 48.14. The answer depends on the kind of claim. The defendant’s counterclaim and crossclaim will be automatically dismissed unless certain steps are taken within prescribed timelines. In the case of a crossclaim against the defendant, the dismissal order will need to be served on the crossclaimant. See the analysis below.
As we know, Rule 48.14(1) sets out the circumstances under which . . . [more]