4.31: Application to deal with delay

Case Summary

The Applicant filed a Charter Notice and applied for a Stay of Contempt proceedings.

The Applicant had previously failed to comply with a Court Order to prepare an Affidavit of Records and was declared to be in Civil Contempt of Court. The Alberta Court of Appeal reversed an initial Contempt sanction and ruled that the question of sanction for Contempt be remitted for a fresh hearing before a different Justice of the Alberta Court of King’s Bench.

The Applicant argued that Contempt proceedings should be dismissed under Rule 4.31, which allows the Court to dismiss all or part of a claim if the Court determines that delay has resulted in significant prejudice to a party. Belzil J. disagreed, noting that the onus was on the Applicant to purge his Contempt and he failed to do so. The Court also noted that the Applicant participated in or contributed to the delay, which engaged Rule 4.31(3). The Court determined that it would not be just and equitable to issue a Stay pursuant to Rule 4.31.

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