CARTER v SEARS CANADA INC, 2011 ABQB 732

HALL J

4.33: Dismissal for long delay
15.4: Dismissal for long delay: bridging provision

Case Summary

The Defendant applied to dismiss the Action for long delay. The Plaintiff attempted to rely on a prior Stay of the Action to stop the clock from running. However, the Court held that where an Action has been Stayed until the Plaintiff takes an identifiable step (in this case it was providing an address for service) the Plaintiff cannot hide behind that Stay to stop the clock from running.

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