What is the test for "materially advancing" an action?
Alberta, Canada
The following excerpt is from Pro-Man Construction v. DeBow, 1998 ABQB 17 (CanLII):
Firstly, Petersen v. Kupnicki, supra, does not stand for the proposition that the filing of a Notice of Motion for an application to take the next step constitutes a thing which "materially advances the action", in all cases.
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