Can an application to dismiss an affidavit of records be dismissed pursuant to rule 244.1?

Alberta, Canada


The following excerpt is from Heikkila v. Apex Land Corporation, 2009 ABQB 12 (CanLII):

In Matthews v. Great-West Life Assurance Co. 2002 ABQB 297, the court also considered a rule 244.1 application to dismiss where the affidavit of records had been filed voluntarily pursuant to the former rule. The court noted that the affidavit was not mere housekeeping as it listed over 150 documents and could provide the plaintiff with significant information concerning the suit and as such had the effect of moving the action forward in a meaningful way. Relying on Howard v. Calgary, the court held, at paragraph 29, that an affidavit of records “brought to the attention of the adverse party could be a thing that materially advances the action because an affidavit of records allows a party to know the nature and extent of the documents held by the other side, permits inspection of the documents and may trigger admissions.”

Other Questions


What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
How can an application for summary judgment or dismissal be dismissed? (Alberta, Canada)
What is the test for dismissing an application for dismissal in a personal injury action? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
Does a defendant need to file an affidavit of records after a certification decision has been made? (Alberta, Canada)
What is the test for a motion to dismiss an application for a delay of more than two years? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
What is the current state of the law on affidavit of records? (Alberta, Canada)
Can a third party holding the record be compelled to produce the record directly or directly? (Alberta, Canada)
Is the filing of an affidavit of records a "necessarily required step" in an action? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.