Can steps taken by one party be considered in an application under the drop dead rule?

Alberta, Canada


The following excerpt is from Brar v. Pawa, 2010 ABQB 779 (CanLII):

As I noted in Danek v. Calgary (City) 2006 ABQB 807, the court has been divided on the question of whether steps taken in relation to one party can be considered when an application under the drop dead rule is brought by another party. In that case one defendant had been left uninvolved in the action for over five years. I reviewed the divergent case law and noted the balancing by the court of competing policy objectives: the expeditious advancement of litigation and the preservation of the right to litigate. In that case I dismissed the city’s action against the co-defendant.

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