WARDILL v PEEBLES, 2012 ABQB 303
MASTER SMART
1.7: Interpreting these rules
3.26: Time for service of statement of claim
Case Summary
The Applicants sought to set aside an exparte Order that extended the time for service of the Statement of Claim. The Court held that Oberg v Foothills Provincial General Hospital, 1999 ABCA 76, is still applicable and thus the threshold to obtain an extension is low. However, in obiter, the Court reasoned that to give meaning via Rule 1.7 to Rule 3.26 extensions should not be granted as a matter of course; if extensions are automatically granted the time for service may as well be 15 months. The Application to set aside the ex parte Order was dismissed.
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