Responding to Problems

My family and I are very busy riding roller coasters this week. We got on a plane very early last Friday. Due to some unfortunate loss of power to the jetway, our flight was delayed leaving Edmonton for over an hour. Of course this meant a missed connection to our second leg of the journey.

Delay is a concept that comes up in litigation. Parties argue that a delay prejudices their client or that a delay is necessary to promote fair adjudication of a matter.

I was reminded that delay can sometimes mean an unexpectedly good time in a city I had no intention of visiting at that time. Thanks to the friendly people in Seattle who shared directions and advice for how to use our unexpected 12 hour layover. Thanks also to my family who dealt with the unexpected in a calm and rational manor.

Delay in action is dealt with by Rules 4.31 to 4.33 of the Alberta Rules of Court. I am taking the opportunity offered by my delay in departure to remind you about a Westlaw Canada product called the Rules Concordance. This tool tells me with a link from a note up of the Alberta Rule what the equivalent or similar rules are in other Canadian jurisdictions. It looks like this for delay:

Delay in prosecution of action

• Interpretation, Alta. Rule (1968) 243; Alta. Rule 4.31
• Agreement re operation of rules of evidence, Alta. Rule (1968) 243.1; Alta. Rule 4.32; N.W.T. Rule 330
• Proposal as to timing, Alta. Rule (1968) 243.2
• Application for dismissal of action for delay, Alta. Rule (1968) 244; Alta. Rule 4.31; B.C. Rule (1990) 2(7); B.C. Rule 22-7(7); Man. Rule 24.01-24.04; N.B. Rule 26.01; Nfld. Rule 40.11; N.W.T. Rule 327; Ont. Rule 24.01, 24.02; P.E.I. Rule 24.01, 24.02; Yukon Rule 2(7)-(8); Fed. Rule 167
• Long delay & prejudice, Alta. Rule (1968) 244.1; Alta. Rule 4.33; N.W.T. Rule 328
• Cross-action, counterclaim or set-off, Alta. Rule (1968) 244.2; Alta. Rule 4.33; Man. Rule 24.02; N.B. Rule 26.02, 26.03; Ont. Rule 24.03-24.06; P.E.I. Rule 24.03-24.06
• Affidavits, Alta. Rule (1968) 244.3; Alta. Rule 13.18
• Terms & directions, Alta. Rule (1968) 244.4; Alta. Rule 4.31; N.W.T. Rule 329
• Cross-examinations, Alta. Rule (1968) 244.5; Alta. Rule 8.11
• Effect on subsequent actions, Man. Rule 24.03; N.B. Rule 26.04; Ont. Rule 24.05; P.E.I. Rule 24.05
• Appearance, Yukon Rule 1(9), 1(10)

Happy travels.

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