Is Rule 244.1 automatic or final?
Alberta, Canada
The following excerpt is from Underwood v. Sturgeon County, 2005 ABQB 713 (CanLII):
The Court of Appeal in Filipchuk v. Ladouceur, 2001 ABCA 26 provided two possible interpretation of Rule 244.1 which suggests that the rule is not totally automatic or final:– (a) the first is that an action has languished for five years without an agreement between the parties will be struck upon application of an adverse party. (b) the second interpretation is that a party can revive the five year period even after its expiration by taking a material step, if that step is taken prior to the filing of the motion to strike under 244.1.
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