What is the test for dismissing an application for dismissal in a personal injury action?
Alberta, Canada
The following excerpt is from Stoney Tribal Council v. Petro-Canada, 2009 ABQB 430 (CanLII):
As noted in Phillips v. Sowan, the essential question is: “Did the particular action taken during the relevant period genuinely further the litigation in a meaningful way?” No thing done in the related actions furthered the litigation in this action in a meaningful way. If the delaying party has done a thing to materially advance the action after the five year gap, and the applicant has participated in that thing, continued to participate in the action, or otherwise acquiesced in the delay, the action shall continue, and the application for dismissal refused
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
Does the provision of two medical reports in a personal injury action materially advance the action? (Alberta, Canada)
Does complying with an undertaking in a personal injury action materially advance an action? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
Can an application to dismiss an affidavit of records be dismissed pursuant to rule 244.1? (Alberta, Canada)
In a personal injury action, can a garnishment and garnishment remedy be sought? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
Can mitigation be mitigation in a personal injury action? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
