Can an affidavit of records materially advance an action?

Alberta, Canada


The following excerpt is from Matthews v. Great-West Life Assurance Co., 2002 ABQB 297 (CanLII):

I find Brooker J.’s comments in Howard v. Calgary, supra, persuasive and agree that in some cases, the delivery of an affidavit of records can move an action closer to trial in a meaningful way. His reasons clearly indicate that an affidavit of records brought to the attention of the adverse party could be a thing that materially advances an action because an affidavit of records allows a party to know the nature and the extent of the documents held by the other side, permits inspection of the documents and may trigger deemed admissions. Therefore, it now must be determined whether the delivery of the affidavit of records in this case materially advanced this action.

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