Issue: Whether the plaintiff's action was significantly advanced within the statutory period to avoid dismissal for long delay under Rule 4.33 of the Alberta Rules of Court.
Background
- Stylecraft hired Carscallen LLP for a construction dispute in 2008.
- The action was dismissed due to long delays, leading Stylecraft to sue Carscallen LLP for professional negligence.
- In November 2022, Carscallen applied to dismiss this negligence case for long delay, which was granted.
- Stylecraft appealed this decision, arguing various steps (e.g., settlement efforts, witness lists) advanced the action.
Key Legal Points
- Rule 4.33: Mandates dismissal of an action if no significant steps occur within three years.
- Issue on Appeal: Whether any action between 2019 and 2022 significantly advanced the litigation.
Court’s Analysis
- Conduct of the Parties: Communications and planning for mediation/ADR did not count as significant steps.
- Witness List: Stylecraft provided a witness list, but it lacked key details and did not help advance the case.
- Litigation Plan: Despite agreeing on a litigation plan, no deadlines were met, and the case did not progress.
Outcome
- The appeal was dismissed. The court ruled that no significant steps had advanced the case during the relevant period, resulting in dismissal for long delay.
Disposition: The plaintiff's action was dismissed, and costs were presumptively awarded to the defendants. Amount for costs not specified.
