Can a party not to proceed if no step has been taken for a year until after they file a notice of intention to proceed?
British Columbia, Canada
The following excerpt is from Callan v Cooke, 2021 BCSC 2481 (CanLII):
Rule 22-4(4) requires a party not to proceed, if no step has been taken for a year, until after they file a notice of intention to proceed. Justice Voith in Easton v. Cooper, 2010 BCSC 1079 [Easton] confirmed at para. 13, “a ‘step’ means a formal step expressly permitted or required by the [Rules].” Furthermore, “[w]hile ‘formal steps’ [are] not strictly limited to filings made in the registry, they [do] not include exchanges of correspondence and various communications between counsel”: Easton at para. 10.
"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
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does a party apply for an interlocutory injunction without giving notice to the other party? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party intentionally refrain from appearing on a notice of motion and instead come along later, at his own convenience, and insist on having the motion reheard? (British Columbia, Canada)
Can a court order special costs to punish a party for misconduct in the proceedings or to compensate the other party for misbehaviour? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
