Does a supplementary affidavit of records have to be served before the five year clock under rule 244.1 runs?
Alberta, Canada
The following excerpt is from Heikkila v. Apex Land Corporation, 2009 ABQB 12 (CanLII):
In Webber v. Canada (Attorney General) 2005 ABQB 718, the court found that the five year clock under rule 244.1 only started to run after the service of a supplementary affidavit of records, as it was a thing that materially advanced the action. In that case the supplementary affidavit had been filed and served three months after the original affidavit of records.
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