Alberta has adopted an approach to delay that provides a court with the discretion to dismiss an action after balancing an applicant’s interest in “expeditious resolution of an action” with a respondent’s interest in having a judicial determination of its dispute.
Austin Paladeau shares the Court of Appeal's decision in a commercial dispute, Humphreys v. Trebilcock, 2017, ABCA 116 involving a delay application, followed by a case management order and an application dismissal.
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