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Those with litigation in progress in Alberta need to be aware of Rule 4.33, known as the “drop dead rule” which provides that if two or more years have passed since “…the last thing done that significantly advanced an action, the Court, on application, must dismiss the action as against the applicant…” unless certain specified conditions are met. The Rule came into effect on November 1, 2010, with transitional provisions set out in Rule 15.4, and will therefore fully come into play as of November 1, 2012. The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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