CIVIL PROCEDURE - Disposition without trial - Delay or failure to prosecute

Law360 Canada ( August 3, 2021, 9:27 AM EDT) -- Appeal by the plaintiff from a decision upholding a master’s decision to strike out the statement of claim against the respondent based on delay, as being statute barred and as a collateral attack. The appellant sued a third party for damages resulting from a 2006 motor vehicle accident. The respondent was the defendant’s insurer and hired counsel to defend the action. The action was dismissed in 2008. Thereafter, the appellant commenced numerous complaints to police. His complaints to police and the Alberta Law Enforcement Review Board alleging conspiracy and wrongdoing in relation to his court proceedings were all dismissed. The present action was commenced in 2014 asserting the same type of conspiracy and wrongdoing as alleged before the police and the Board as far back as 2008 but adding further defendants. The master dismissed the action in 2019....
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