4.33: Dismissal for long delay

Case Summary

The Defendant applied to have the Action dismissed for long delay. In the three years preceding the Application, the Applicant’s counsel and the self-represented Respondent exchanged correspondence in an attempt to set the matter for Judicial Dispute Resolution (“JDR”) but the matter was never set for a JDR.

The Court cited Kurian v Alberta (Motor Vehicle Accident Claims Act, Administrator), 2007 ABQB 369 (“Kurian”), where that Court analyzed whether the preparation for a JDR and the exchange of materials therein constituted a material advancement of the Action. The Court in Kurian held that the pursuance and preparation for the JDR did not materially advance the Action. The Court held that Kurian is in step with a line of cases that holds planning a step in an Action or discussing taking a step in an Action, does not significantly advance the Action. The Court further held that the fact the Respondent was self-represented could not be taken into account, and the Application was granted.

View CanLII Details