Background
McKay v Prowse, 2020 ABCA 131 provides an update from the
Alberta Court of Appeal about the principles of delay and Rule
4.33.
In McKay, a negligence action was commenced by the Appellant
against his former counsel and law firm in relation to their
conduct of his lawsuit in the Federal Court. In the original
lawsuit, the Appellant alleged his patents had been infringed upon.
The Federal Court found that his patent was valid, but that it had
not been infringed upon. This finding was then upheld at the
Federal Court of Appeal.
After the conclusion of the Federal Court case, the Appellant
initiated a lawsuit against John Prowse and Prowse Chowne LLP in
August 2009. He alleged that his former counsel had not properly
dealt with certain evidence that he felt would have demonstrated
the patent infringement.
