Drop Dead or a Slow Death? An Analysis of Rule 4.33 of the Alberta Rules of Court

Abstract

From 2010 to 2013, the "Drop Dead Rule" in the Alberta Rules of Court underwent major amendments that resulted in new jurisprudence for resolution of all such applications. In this article, we conduct quantitative and qualitative analyses of the consequences of these amendments and the causes of these consequences. We find that the increase in applications, the longer time to resolution, and the inequitable impact on impecunious plaintiffs result in outcomes contrary to the objectives stated in the Foundational Rules. We provide evidence of the extent of these failures and recommendations on how to amend the Drop Dead Rule to result in fairer, more just, timelier, and more cost-effective resolutions.