FETHERSTON v HILDERMAN, 2013 ABCA 401

BERGER, O'BRIEN and MARTIN JJA

4.33: Dismissal for long delay

Case Summary

The Appellant appealed an Order granted by the Chambers Judge striking the Appellant’s property claim and lis pendens which had been attached to the matrimonial home by the Appellant. The Chambers Judge had granted the Order based on a two-year drop-dead rule. The Rule at the time was that the drop-dead rule was only activated when there was no material advancement for five years. Although the Court agreed that the Chambers Judge was mistaken in the granting of the original Application, the Court found that the lis pendens was rightly removed because all the issues with the matrimonial property were settled some time ago, and the lis pendens had no relationship to the encumbered property. The Court dismissed the Appeal.

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