Does complying with an undertaking in a personal injury action materially advance an action?
Alberta, Canada
The following excerpt is from Alberta v. Morasch, 2000 ABCA 24 (CanLII):
Acts which satisfy prior commitments, such as delivering documents one has previously promised to supply, are often not things which, in and of themselves, materially advance an action. The spirit of R. 244.1 would be circumvented if one party delayed completion of an agreement or undertaking and thereby restarted the five-year clock at a later date. See Smith v. Alberta (1996), 49 C.P.C. (3d) 94 (Master) in which complying with an undertaking in one’s own lawsuit did not materially advance an action. An action may be materially advanced by other things, even though they are not procedural steps.
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