What is the test for restarting the 5-year clock in a personal injury action?
Alberta, Canada
The following excerpt is from Alberta v. Morasch, 2000 ABCA 24 (CanLII):
If the Rules of Court require that a step be taken, the completion of that step, in and of itself, materially advances the action: Bishop v. Grotrian (1998), 228 A.R. 73 at 78 (C.A.). Because the Rules require that the step be taken, it is considered a step which is necessary to advance an action and its completion is deemed to materially advance the action. The court need not inquire whether the step actually caused the action to advance. The completion of the required step is sufficient, in and of itself, to restart the five-year clock.
"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
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
Does complying with an undertaking in a personal injury action materially advance an action? (Alberta, Canada)
Does the provision of two medical reports in a personal injury action materially advance the action? (Alberta, Canada)
In what circumstances will an independent contractor be held liable in a personal injury action for changing a piece of plywood in the middle panel? (Alberta, Canada)
Is there a presumption in favour of individual listing of all of the documents in a personal injury action? (Alberta, Canada)
Can mitigation be mitigation in a personal injury action? (Alberta, Canada)
In a personal injury action, can a party who sent a letter suggesting a settlement be used as Exhibit K in an affidavit? (Alberta, Canada)
In what circumstances will a defendant be required to repay in full to a plaintiff in a personal injury action? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
