Dilalla – Federal Court of Appeal articulates the purpose of the fresh start rule

Rennie JA confirmed the decision below that the “fresh start” rule (Rule 8) precluded the taxpayer from bringing a motion to strike the Crown’s Reply more than two years after all pre-trial proceedings had been completed, stating:

The fresh step rule is designed to ensure the orderly movement of litigation through to trial. The rule is based on the view that if a party pleads over to a pleading, it implies a waiver of any irregularity that might have been attacked. Here, the judge’s discretion was exercised consistent with the objective of this rule … .

Neal Armstrong. Summary of Dilalla v. Canada, 2020 FCA 39 under Rule 8.