Does Rule 187 apply to the simple filing of an Affidavit of Records?
Alberta, Canada
The following excerpt is from Howard v. Calgary Police Service, 2001 ABQB 904 (CanLII):
Even if Rule 187 does apply to this action, I would find that the simple filing, without service of the Affidavit of Records would constitute an incomplete procedural step that accordingly could not, in and of itself, materially advance the action: Alberta v. Morasch, para. 7. This activity would therefore still be analysed as a procedural step contemplated by the Rules, as distinct from required by the Rules.
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