Clients Beware: Meeting Deadlines May Be Your Responsibility, Too

Usually litigants will rely on their legal counsel to ensure that deadlines are met, however a recent Alberta Court of Appeal decision ( Dagher v Stone, 2013 ABCA 119) opens the door for the possibility that in some rare situations the court may place the obligation on the litigants themselves.

The facts and circumstances surrounding this matter are unusual. The plaintiff (applicant), Mr. Dagher, was involved in a number motor vehicle accidents between 1992 and 1994. He filed three actions in the Court of Queen's bench nearly twenty years ago. There were 'seventeen or so' orders made in relation to these actions, seven of which regarding Dagher's failure to move the litigation forward. To be fair to Dagher, some of the delays were beyond his control because for a period of about two and a half years he was under a dependent adult order (later lifted).