What is the test for a motion to dismiss an application for a delay of more than two years?
Alberta, Canada
The following excerpt is from Stoney Tribal Council v. Petro-Canada, 2009 ABQB 430 (CanLII):
Rule 244.1 is mandatory and permits no discretion. The presence or absence of prejudice, the strength of the action or of the defence or the justification for the delay are all irrelevant to the application. See: Alberta v. Morasch 2000 ABCA 24. The test has been met; there has been no agreement to the delay. The action is dismissed.
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