In Matthews v. Great-West Life Assurance Co. 2002 ABQB 297, the court also considered a rule 244.1 application to dismiss where the affidavit of records had been filed voluntarily pursuant to the former rule. The court noted that the affidavit was not mere housekeeping as it listed over 150 documents and could provide the plaintiff with significant information concerning the suit and as such had the effect of moving the action forward in a meaningful way. Relying on Howard v. Calgary, the court held, at paragraph 29, that an affidavit of records “brought to the attention of the adverse party could be a thing that materially advances the action because an affidavit of records allows a party to know the nature and extent of the documents held by the other side, permits inspection of the documents and may trigger admissions.”
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