Dismissal For Delay In Manitoba And The Buhr v Buhr 2021 MBCA 63 Decision

This article serves as Part II to a two part series on recent Manitoba cases dealing with dismissals for delay.

Some six months prior to the Buhr decision, the Manitoba Court of Appeal had the opportunity to provide guidance on the operation of Rule 24.01. Rule 24.01 is the traditional dismissal for delay rule by which parties would have governed themselves prior to the amendments to the legislation on January 1, 2018. However, Rule 24.01 itself saw relatively significant revisions as part of these amendments, leading to questions surrounding the interpretation and application of the revised rule. These questions were answered by the Court of Appeal in The Workers Compensation Board v Ali, 2020 MBCA 122.