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Jordan Goldblatt and Jocelyn Howell resisted a motion dismissing a motion that sought to dismiss this putative class action for delay. The proposed class action, commenced August 2016, involves the interests of the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora peoples (otherwise known as the "Six Nations" or the "Haudenosaunee Confederacy").

The defendants to the proposed class action moved to dismiss it for delay, alleging that (i) the plaintiffs had failed to satisfy any of the steps enumerated at s. 29.1 of the Class Proceedings Act, 1992 by the relevant deadline; and (ii) there had been inordinate, inexcusable and prejudicial delay justifying dismissal under Rule 24.01 of the Rules of Civil Procedure.

AGB was retained to oppose the motion as agent for the plaintiffs. Our lawyers argued that a final and complete certification record had been filed and the Court had established a timetable for completion of steps required to advance the proceeding, thus satisfying s. 29.1 of the Class Proceedings Act, 1992. Furthermore, they submitted that any delay was not inordinate, was excusable and not prejudicial, and that a dismissal under Rule 24.01 was therefore not warranted.

The Honourable Justice Valente dismissed the defendants’ motion and allowed the plaintiffs’ action to proceed. Justice Valente agreed that a final and complete certification record had been filed and a timetable for advancing the case was established in earlier Court orders. Furthermore, while Justice Valente found that there had been some period of delay, his Honour accepted that the delay was reasonably explained, was contributed to by the defendants, and there was no evidence of a substantial risk of an unfair trial due to the plaintiffs’ inaction.