When action deemed discontinued, order for continuance
52.1(1)An action to enforce a lien shall be deemed to be discontinued one year after the action is commenced unless
(a)
the action has been set down for trial, or
(b)
an application has been made to a judge of The Court of Queen’s Bench of New Brunswick for an order continuing the action and a copy of the notice of application has been served on the defendant to the action.
52.1(2)In ordering the continuance of an action, the judge may impose such terms and conditions and give such directions as the judge considers appropriate for the continuation of the action.
1982, c.38, s.2; 1992, c.84, s.7