Does a supplementary affidavit of records have to be served before the five year clock under rule 244.1 runs?
Alberta, Canada
The following excerpt is from Heikkila v. Apex Land Corporation, 2009 ABQB 12 (CanLII):
In Webber v. Canada (Attorney General) 2005 ABQB 718, the court found that the five year clock under rule 244.1 only started to run after the service of a supplementary affidavit of records, as it was a thing that materially advanced the action. In that case the supplementary affidavit had been filed and served three months after the original affidavit of records.
"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
When the clock starts running, can the clock start running? (Alberta, Canada)
What is the test for serving the record for provision to the court? (Alberta, Canada)
Can a third party holding the record be compelled to produce the record directly or directly? (Alberta, Canada)
What knowledge is required to start the clock running? (Alberta, Canada)
Can an affidavit of records materially advance an action? (Alberta, Canada)
Can an application to dismiss an affidavit of records be dismissed pursuant to rule 244.1? (Alberta, Canada)
Is the filing of an affidavit of records a "necessarily required step" in an action? (Alberta, Canada)
What is the current state of the law on affidavit of records? (Alberta, Canada)
Does a defendant need to file an affidavit of records after a certification decision has been made? (Alberta, Canada)
Can a voluntarily filed Affidavit of Records governed by former Rule 186 be considered a procedural step in a personal injury action? (Alberta, Canada)
