Can steps taken by one party be considered in an application under the drop dead rule?

Alberta, Canada

The following excerpt is from Brar v. Pawa, 2010 ABQB 779 (CanLII):

As I noted in Danek v. Calgary (City) 2006 ABQB 807, the court has been divided on the question of whether steps taken in relation to one party can be considered when an application under the drop dead rule is brought by another party. In that case one defendant had been left uninvolved in the action for over five years. I reviewed the divergent case law and noted the balancing by the court of competing policy objectives: the expeditious advancement of litigation and the preservation of the right to litigate. In that case I dismissed the city’s action against the co-defendant.

Other Questions

Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
What are the rules applicable to an application for leave to take the next step? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
Is an opposing or interested party considered to be a party? (Alberta, Canada)
Can a voluntarily filed Affidavit of Records governed by former Rule 186 be considered a procedural step in a personal injury action? (Alberta, Canada)
What factors must be considered in a variation application under the Divorce Act? (Alberta, Canada)
Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written? (Alberta, Canada)
What is the purpose of Rule 217 of the Rules of Civil Procedure? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict? (Alberta, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.