In Nash v Snow, 2014 ABQB 355, the Alberta Court of
Queen's Bench considered an application under Rule 4.33 to
determine whether a settlement letter, sent nine weeks after the
formal "drop-dead" date, and a last-minute "notice
to admit facts" ("NTA") application
had significantly advanced the court action that otherwise remained
idle for over four years. Rule 4.33 permits a party to apply to
have a lawsuit dismissed on the basis that there has not been a
"significant advance" in the action for over three
years.
Steps to Advance Court Action Must Satisfy Qualitative
Criteria
The Court emphasized that the purpose of the Rules of Court are
to promote efficiency, proportionality and economy. Where a
plaintiff seeks to use publicly funded court resources, but does
not diligently pursue their action, then the defendant is free to
have the lawsuit struck. Madam Justice Topolniski noted that in
order to advance an action, the step taken must be substantial,
solid and
