Background:

• Plaintiff's Position:
  • Samantha Whalen, a councillor of the Fort McMurray 458 First Nation (FMFN), uncovered financial irregularities involving a $600,000 payment to defendant Bradley Callihoo through his company.
  • Following her discovery and confrontation with Mr. Callihoo, she filed a lawsuit in August 2018 alleging various financial improprieties.
• Defendants' Position:
  • Defendants sought dismissal of the case due to a long delay under Alberta Rule of Court 4.33(2), which mandates dismissal if no significant action occurs within three years.

Legal Issues:

• Primary Issue: Whether the lawsuit should be dismissed for long delay under rule 4.33(2).

Analysis:

• Rule 4.33 Principles:
  • Requires dismissal if no significant advance in action within three years.
  • Period does not include the time between service of Statement of Claim and Statement of Defence.
  • Actions in related cases can be considered if they are inextricably linked.
• Settlement Discussions:
  • Settlement discussions and resolutions related to Christmas bonuses and severance payments advanced the case.
  • Such negotiations can constitute a significant advance if they narrow issues or reflect agreement on aspects of the dispute.

Court's Findings:

• Significant Advances:
  • Settlement discussions and resolutions concerning Christmas bonuses and severance payments were significant advances in the litigation.
  • Emails showing agreement on discontinuing the action and reimbursement of legal costs demonstrated progress.
• Decision on Related Actions:
  • The court found that advances in related actions (Injunction Action and Judicial Review Proceedings) did not significantly advance the current action as they were not inextricably linked.

Conclusion:

• The application to dismiss the action for long delay was denied.
• Parties were ordered to attempt to agree on procedural orders within 30 days, or appear in Chambers to resolve outstanding issues.
• No costs specified for this specific application.