Case Bites for February 5, 2024

Last week’s Court Rulings from the Alberta Court of King’s Bench, Court of Appeal and SCC.

Edited by Amanda Kostek and Christie Dewar
Western Industrial Services Ltd v Brennan, 2024 ABKB 50
Long Delay Application | Filed Form 37

The Court considered whether the joint filing of a Form 37 requesting a Trial date was a significant advance in the action. The form was filed prematurely, as the parties had not participated in ADR and had not obtained an order dispensing with ADR. The Court concluded it was not a significant advance, and the claim was dismissed under Rule 4.33 for long delay. Further, efforts by the Defendant to ‘rouse’ the Plaintiff to do something, such as bringing an unsuccessful application for Case Management, and suggesting dispute resolution, did not amount to the defendant participating in the proceedings and waiving their right to rely on the delay.

The Court said the following with respect to the Form 37:

[12] Merely filing a Form 37 is not a significant advance, especially where the form is submitted prematurely. See Ivkovic v Tingle Merrett LLP, 2018 ABQB 308 (Hall J.): …

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