Rule 4.33 of the Alberta Rules of Court deals with the issue of dismissal for long delay, colloquially known as the “drop dead” rule. Under the existing transitional provisions, the new two year “drop dead” period will come into force on November 1, 2012.
Based on feedback from members of the Bar, the Rules of Court Committee has decided to re-examine this rule. The Committee intends to draft and circulate a discussion document asking for input on the rule.
To allow for an appropriate consultation period, the Committee is recommending that the transitional rules be amended. If the Minister accepts the recommendation, the new two year drop dead rule will not come into force until November 1, 2013.
Watch for developments in this area!