Dismissal For Chronic Delay – New Six Question Framework

On April 19, 2017, in Humphreys v Trebilcock, 2017 ABCA 116 ("Humphreys"), the Alberta Court of Appeal set out six "essential" questions that an adjudicator must ask in order to apply Rule 4.31, the "chronic delay" rule. Under the Alberta Rules of Court (the "Rules"), a party may apply to dismiss an action for undue delay pursuant to Rule 4.31 at any time in an action or Rule 4.33, the "drop dead" rule, if three years have passed without a significant advance in the litigation. While the Court has no discretion under Rule 4.33, Rule 4.31 provides the Court with broad discretion, but little direction.

Humphreys provides direction as to when and how to apply the Court's discretion under Rule 4.31. The six "essential" questions are as follows: