The case McRae-Yu v. Profitly Incorporated et al. (2024 ONSC 5615) involves a motion to dismiss a proposed class action for delay under Section 29.1 of Ontario's Class Proceedings Act. The key points are:

• Legal Framework: Section 29.1 mandates dismissal of a class action if no significant steps to advance the case, such as filing a motion record or agreeing on a timetable, occur within one year of commencement.
• Plaintiff's Argument: Although the certification motion was delayed, the Plaintiff, Taylan McRae-Yu, argued that steps related to injunctive relief advanced the case by narrowing issues and exchanging material.
• Defendants' Argument: The Defendants sought dismissal, claiming no required steps to advance the case had been completed.
• Court's Decision: The court sided with the Plaintiff, finding that the steps taken around interlocutory injunctions (e.g., Mareva injunction) were sufficient to advance the case. As a result, the class action was not dismissed for delay.
• Outcome: The motion to dismiss was rejected, allowing the class action to proceed to a certification motion. No monetary damages or costs were awarded in connection with the decision on the motion to dismiss.