The Defendants applied to have the Action dismissed on the basis of long delay, pursuant to Rules 4.33 and 15.4. The Statement of Claim was filed and served on the Defendants on March 17, 2005. The Plaintiffs claimed that the Action had been significantly advanced between March 17, 2005 and March 17, 2010 by the gathering of medical records and preparation of damage assessments. The Court relied on the reasoning in Top Grade Solutions Inc v Flying Pizza 73 Inc, 2009 ABQB 492, and held that the gathering of medical records and preparation of damage assessments had not significantly advanced the Action because the Defendants were unaware that these steps were being taken. Further, Master Mason held that Rule 4.33 did not apply because the Application was governed by the transitional provisions of Rule 15.4.