A recent amendment to Rule 4.33 (dismissal for long delay) of
the Alberta Rules of Court has been introduced. At first
glance, the amended Rule 4.33 looks like it has been completely
revamped, however, the core of it remains the same. The biggest
change appears to be the addition of a 'suspension period',
with the Rule setting out the procedure under which the period
comes to be operative and how it is applied.
The use of the term 'suspension period' is new to the
Rules. Prior to the amendment, the Court was often faced
with decisions as to whether a standstill agreement had been
reached between the parties that allowed for a delay in the action
beyond three years. One of the issues to consider in that analysis
was whether an express written agreement had been reached with
respect to a delay in the entire action and not just one step.
