ARTICLE · 08 OCTOBER 2019

Alberta's Recent Interpretation Of The "Drop Dead" Rule

McLennan Ross LLP

As Alberta courtroom availability grows increasingly strained, the rules concerning delays in reasonably advancing lawsuits have received greater attention.

CanadaLitigation, Mediation & Arbitration

Marco Marrelli

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As Alberta courtroom availability grows increasingly strained, the rules concerning delays in reasonably advancing lawsuits have received greater attention. Our blog returns from a short break with a two part summary of how these rules have been applied; specifically, Rule 4.33 which calls for mandatory dismissal of lawsuits that have not been significantly advanced for over three years. The first part covers the courts' application of Rule 4.33 up to the end of 2018. The second part will cover the courts' application of Rule 4.33 in 2019.

Application of Rule 4.33 to the end of 2018

The Courts recognize that the Alberta Rules of Court (the "Rules") embody the dual purposes of fairness and efficiency. Rule 1.2 states:

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Alberta's Recent Interpretation Of The "Drop Dead" Rule

Application of Rule 4.33 to the end of 2018

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