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.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.