Cost Penalties for Failure to File an Affidavit of Records in Time


By Tell Stephen and Bottom Line Research and Communications

Rule 187 of the Alberta Rules of Court requires that an Affidavit of Records be filed within 90 days after the filing of the statement of defence, unless the Court grants an order permitting a late filing. Rule 190(1) further provides for a penalty of double costs if the party fails to meet this time requirement "without sufficient cause", or such larger amount as the Court may determine, irrespective of the final outcome of the proceeding.

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