The Defendant applied for Summary Dismissal of the Action on the basis that the Plaintiff’s claim was meritless. Master Smart referred to Kwan v Superfly Inc, 2011 ABQB 343, for the proposition that Rule 7.3(1)(b) operates in the same manner and follows the same legal principles as Rule 159 of the “old” Rules. Master Smart then indicated that the test for Summary Judgment may be expressed as “an action is bound to fail” or that the Action has “no prospect for success”. The Master determined that the Applicant satisfied its onus to show that there was no merit to the claim, and that the materials filed and the argument made by the Respondent failed to adequately refute the Applicant’s evidence. Master Smart, in granting the Application, remarked that speculation and supposition from the Respondent as to what might be proved in the future were not sufficient to resist the Application.