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ARTICLE · 21 JULY 2016

Amendment To Rule 4.33 – Dismissal For Long Delay

A recent amendment to Rule 4.33 (dismissal for long delay) of the Alberta Rules of Court has been introduced.

CanadaLitigation, Mediation & Arbitration

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.

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