The Court dismissed the Plaintiff’s claims in two related Actions against several physicians and Alberta Health Services. The Defendants argued successfully under Rule 3.68(2) that the claims should be struck because they failed to disclose a reasonable cause of action or establish negligence. The deficiencies were so significant that amendments to the claims were not a viable remedy.

The claims were also dismissed under Rule 3.28 because the Plaintiff failed to serve the Defendants within the time limits under Rule 3.26. Attempts at service by recorded mail and email did not comply with Rule 11.5, and no extraordinary circumstances justified an extension under Rule 3.27. Additionally, the claims were further dismissed under Rule 7.3 as statute-barred under the Limitations Act, with no genuine issue for trial regarding the applicable limitation periods.

The Court emphasised its duty under Rule 1.4 to ensure disputes are resolved efficiently and cost-effectively. Allowing these deficient claims to proceed would contravene the Rules' objective by prolonging litigation without advancing the resolution of substantive issues while increasing costs.

The Court concluded that the Plaintiff’s claims lacked procedural and substantive merit and dismissed them entirely.