1036122 ALBERTA LTD (AML CONSTRUCTION) v KHURANA, 2012 ABCA 10
BERGER, MCFADYEN AND O'FERRALL JJA
1.2: Purpose and intention of these rules
The Applicant appealed a Decision to strike its pleadings pursuant to Rule 129 of the former Rules of Court. AML filed a Statement of Claim while it was struck from the corporate registry; however, AML was revived prior to the Order to strike the pleadings.
The Court held that the pleadings should not have been struck. Additionally, the Court held that Rule 1.2 accords with the policy not to nullify Actions where the Defendant has notice of the Claim and the nullification of the Action would defeat the Claim.View CanLII Details