Can a party not to proceed if no step has been taken for a year until after they file a notice of intention to proceed?
British Columbia, Canada
The following excerpt is from Callan v Cooke, 2021 BCSC 2481 (CanLII):
Rule 22-4(4) requires a party not to proceed, if no step has been taken for a year, until after they file a notice of intention to proceed. Justice Voith in Easton v. Cooper, 2010 BCSC 1079 [Easton] confirmed at para. 13, “a ‘step’ means a formal step expressly permitted or required by the [Rules].” Furthermore, “[w]hile ‘formal steps’ [are] not strictly limited to filings made in the registry, they [do] not include exchanges of correspondence and various communications between counsel”: Easton at para. 10.
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