CHAK v SUN MEDIA CORPORATION, 2017 ABQB 614
4.33: Dismissal for long delay
The Defendants applied to dismiss the Plaintiff’s defamation Claim for long delay, pursuant to Rule 4.33. Master Schlosser noted that Rule 4.33(2) or (5) did not apply “so as to suspend the running of the drop-dead period”.
Master Schlosser noted that a related event in another Action, must be “legally or factually determinative of an issue in the primary action”, to be considered an advancement in the Action for the purposes of Rule 4.33. The Plaintiff argued that his Action and a number of other ongoing defamation lawsuits were linked, though the parties were not the same in each.
Master Schlosser observed that Rule 4.33 deals with the timing of an Action, not the merits; and the Rule is a “bright-line rule”. As such, Master Schlosser dismissed the Action for delay.View CanLII Details