Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more?

Alberta, Canada


The following excerpt is from Vincent v. Moduline Industries (Canada) Ltd., 2011 ABQB 571 (CanLII):

In Trout Lake Store Inc. supra the issue was whether a party to an action can extend the lawsuit by a unilateral action, taken without the other party’s consent, when nothing had been previously done to materially advance the action for five years or more. One of the arguments advanced by the Respondent in that case was that Filipchuk v. Ladouceur 2001 ABCA 26 allowed the lawsuit to continue, even after an extensive delay, if the delaying party can do something meaningful to advance the action before the other side brings an application under R. 244.1.

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