Can a voluntarily filed Affidavit of Records governed by former Rule 186 be considered a procedural step in a personal injury action?
Alberta, Canada
The following excerpt is from Howard v. Calgary Police Service, 2001 ABQB 904 (CanLII):
A voluntarily filed Affidavit of Records governed by former Rule 186 would, however, fall into the category described by Fruman J.A. in Alberta v. Morasch as a procedural step contemplated by the Rules. Such steps can also be considered to have materially advanced the action. In order to make this determination, the step must be examined in light of the purpose of Rule 244.1.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does complying with an undertaking in a personal injury action materially advance an action? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
Does the provision of two medical reports in a personal injury action materially advance the action? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
Is the filing of an affidavit of records a "necessarily required step" in an action? (Alberta, Canada)
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Does a defendant need to file an affidavit of records after a certification decision has been made? (Alberta, Canada)
Can mitigation be mitigation in a personal injury action? (Alberta, Canada)
In a personal injury action, can a garnishment and garnishment remedy be sought? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
