What is the test for invoking Rule 244.1?
Alberta, Canada
The following excerpt is from Trout Lake Store Inc. v. Canadian Imperial Bank of Commerce, 2002 ABQB 159 (CanLII):
To successfully invoke Rule 244.1 an applicant must look back from the date of the filing of its notice of motion and show that nothing has occurred which has materially advanced the action - Filipchuk v. Ladoucer, C.A. 2001 ABCA 26 (CanLII), [2001] A.J. No. 96 docket: 0003-1165-A.C.
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