Can a statement of claim be renewed if the statutory requirements are not met?
Alberta, Canada
The following excerpt is from McGowan v Lang, 2014 ABQB 403 (CanLII):
In Sanderson Estate, Read, J. noted (at para 33): “There is no general equitable or discretionary power to bypass the Rules and allow for the renewal of a statement of claim when the statutory provisions are not met. The equitable power to relieve against forfeitures has no application to this situation: Hansraj v. Ao, at para 121. An expired statement of claim can only be renewed if the specific statutory requirements under the Rules are met.”
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