Dismissal of Action for Delay
 48.14 (1) Unless the court orders otherwise, the registrar shall dismiss an action for delay in either of the following circumstances, subject to subrules (4) to (8): 1. The action has not been set down for trial or terminated by any means by the fifth anniversary of the commencement of the action. 2. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the second anniversary of being struck off. O. Reg. 170/14, s. 10; O. Reg. 487/16, s. 8 (1). Exceptions (1.1) Subrule (1) does not apply to, (a) actions placed on the Commercial List established by practice direction in the Toronto Region; and (b) actions under the Class Proceedings Act, 1992. O. Reg. 487/16, s. 8 (2). Form of Order, Electronic Issuance (1.2) An order made under subrule (1) shall be in Form 48D. O. Reg. 487/16, s. 8 (2); O. Reg. 689/20, s. 31. Order to be Served (2) The registrar shall serve an order made under subrule (1) on the parties. O. Reg. 170/14, s. 10; O. Reg. 487/16, s. 8 (3). Order to Client (3) A lawyer who is served with an order made under subrule (1) shall promptly give a copy of the order to his or her client. O. Reg. 170/14, s. 10. Timetable (4) Subrule (1) does not apply if, at least 30 days before the expiry of the applicable period referred to in that subrule, a party files the following documents: 1. A timetable, signed by all the parties, that, i. identifies the steps to be completed before the action may be set down for trial or restored to a trial list, as the case may be, ii. shows the date or dates by which the steps will be completed, and iii. shows a date, which shall be no more than two years after the day the applicable period referred to in subrule (1) expires, before which the action shall be set down for trial or restored to a trial list. 2. A draft order establishing the timetable. O. Reg. 170/14, s. 10. Status Hearing (5) If the parties do not consent to a timetable under subrule (4), any party may, before the expiry of the applicable period referred to in subrule (1), bring a motion for a status hearing. O. Reg. 170/14, s. 10. (6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing. O. Reg. 170/14, s. 10. (7) At a status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and the court may, (a) dismiss the action for delay; or (b) if the court is satisfied that the action should proceed, (i) set deadlines for the completion of the remaining steps necessary to have the action set down for trial or restored to a trial list, as the case may be, and order that it be set down for trial or restored to a trial list within a specified time, (ii) adjourn the status hearing on such terms as are just, (iii) if Rule 77 may apply to the action, assign the action for case management under that Rule, subject to the direction of the regional senior judge, or (iv) make such other order as is just. O. Reg. 170/14, s. 10. Party Under Disability (8) Subrule (1) does not apply if, at the time the registrar would otherwise be required under that subrule to dismiss an action for delay, the plaintiff is under a disability. O. Reg. 170/14, s. 10. Effect of Dismissal (9) Rules 24.03 to 24.05 (effect of dismissal for delay), other than subrule 24.04 (1.1), apply to an action dismissed under subrule (1). O. Reg. 170/14, s. 10; O. Reg. 487/16, s. 8 (4). Setting Aside (10) The dismissal of an action under subrule (1) may be set aside under rule 37.14. O. Reg. 170/14, s. 10. (11)-(13) Revoked: O. Reg. 487/16, s. 8 (5). 48.15 Revoked: O. Reg. 170/14, s. 10. RULE 49  OFFER TO SETTLE