HOODA v HSBC CANADIAN DIRECT INSURANCE, 2011 ABQB 196
4.33: Dismissal for long delay
This was an Application to dismiss an Action based on an alleged failure to do a thing that materially advanced the Action within a period of time. Although the 5-year drop-dead period under Rule 244.1 of the old Rules applied to this Application, reference was made to the new Rules. Master Breitkreuz stated that the only difference [apart from the time periods involved] between old Rule 244.1 and new Rule 4.33(1) is the difference between the wording: “materially advanced the action” and “significantly advanced the action”. In Master Breitkreuz’s view, this change in wording is “a difference without a difference”.
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