Alberta civil procedure
When can three years without progress support Alberta dismissal?
3 or more years without a significant advance, subject to stated exclusions. Apply for dismissal and establish the rule 4.33 conditions. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
- Period
- 3 or more years without a significant advance, subject to stated exclusions
- Trigger
- The last significant advance and every applicable exclusion or exception
- Rule
- Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)
Official Rules of Court volume current June 2026, including AR 79/2026. The official 2026 regulation index was checked for subsequent amendments.
Source guide · No automated date
Check the applicable procedure
Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary. The unresolved completion facts are the last significant advance and every applicable exclusion or exception and the source-qualified route to apply for dismissal and establish the rule 4.33 conditions.
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When can three years without progress support Alberta dismissal?
3 or more years without a significant advance, subject to stated exclusions. Apply for dismissal and establish the rule 4.33 conditions. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
Responsible actor. The party seeking dismissal and the Court deciding it.
The last significant advance and every applicable exclusion or exception.
Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)How does this provision count time?
- Identify the last significant advance and every applicable exclusion or exception.
- Apply for dismissal and establish the rule 4.33 conditions.
- The 3 or more years without a significant advance, subject to stated exclusions interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the last significant advance and every applicable exclusion or exception. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
- The conditional inactivity dismissal threshold concerns apply for dismissal and establish the rule 4.33 conditions. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule.
The 3 or more years without a significant advance, subject to stated exclusions interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the last significant advance and every applicable exclusion or exception. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
The conditional inactivity dismissal threshold concerns apply for dismissal and establish the rule 4.33 conditions. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Which facts prevent one automatic date?
Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary. The unresolved completion facts are the last significant advance and every applicable exclusion or exception and the source-qualified route to apply for dismissal and establish the rule 4.33 conditions.
The party seeking dismissal and the Court deciding it establishes the last significant advance and every applicable exclusion or exception. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary. 3 or more years without a significant advance, subject to stated exclusions. Apply for dismissal and establish the rule 4.33 conditions. This source scenario does not calculate a final date.
The proposed boundary for apply for dismissal and establish the rule 4.33 conditions meets a holiday or closed office. The conditional inactivity dismissal threshold concerns apply for dismissal and establish the rule 4.33 conditions. A registry being closed does not itself prove that availability, a ceiling, immunity or a service fact moves forward. Establish the precise statutory act and any applicable Interpretation Act section 22 holiday or office rule. Establish the precise conditional inactivity dismissal threshold and applicable closure facts. No moved final date is supplied.
Later procedural participation may warrant continuing the action, or an excluded interval changes the apparent three-year period. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary. Review Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2) with the changed facts. 3 or more years without a significant advance, subject to stated exclusions cannot resolve this branch by itself.
Which conditions and exceptions apply?
- Actual source branch
- Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
- Source interval and calendar
- The 3 or more years without a significant advance, subject to stated exclusions interval uses rule 13.4 calendar-month or year reckoning. It preserves corresponding dates and the source’s absent-date rule. The actual anchor is the last significant advance and every applicable exclusion or exception. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
- Actor and completion
- The party seeking dismissal and the Court deciding it. Apply for dismissal and establish the rule 4.33 conditions.
- Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
- The actor is the party seeking dismissal and the Court deciding it. The event is the last significant advance and every applicable exclusion or exception. The boundary is conditional inactivity dismissal threshold. Rule 4.33(2) requires a dismissal application and judicial examination of exceptions. The defence-service interval, stays, agreed or ordered suspension, litigation plans and later participation affect the analysis. It does not automatically dismiss a case at one anniversary.
What must the responsible actor complete?
Questions about this procedure
When can three years without progress support Alberta dismissal?
Does the action disappear automatically after three years?
No. Paragraph(2) operates on an application and its stated conditions.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Does any procedural step significantly advance the action?
The rule requires a significant advance. That factual assessment cannot be established solely by the date of a step.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Can claim-to-defence time be excluded?
Paragraph(4) excludes the specified service interval ending with defence service or one year, whichever is earlier.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Do stays or litigation plans matter?
Paragraph(2) expressly identifies relevant stays, adjournments, suspension and litigation-plan exceptions.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Can later participation matter?
Paragraph(2)(b) permits the Court’s assessment of later participation that warrants continuing the action.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Can rule 13.5 alter this rule?
Paragraph(10) expressly excludes rule 13.5.
Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Alberta Rules of Court, Alta Reg 124/2010, r 4.33(2) | Check the identified procedure, event, counting rule or qualification |
| Alberta Rules of Court, rules 13.2 to 13.5 | Check the identified procedure, event, counting rule or qualification |
| Alberta Interpretation Act, section 22 | Check the identified procedure, event, counting rule or qualification |