What is the test for a party to respond to an undertaking?

Alberta, Canada


The following excerpt is from Le v 1055168 Alberta Ltd., 2013 ABQB 431 (CanLII):

She also referenced Ravvin Holdings v. Ghitter, 2008 ABCA 208 at para. 30: In summary, therefore, a response to an undertaking is generally a thing that advances an action, unless it is perfunctory or designed to thwart, rather than advance, resolution of the litigation. Whether a particular response materially advances the action is a question of mixed fact and law for the chambers judge. Where a party gives a number of undertakings it does not have to respond to them all before the undertakings can be considered individually, or collectively, as a thing that materially advances the action. Where the opposing party objects to the speed with which undertakings are being responded to it can always apply to the court to speed up the process.

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