1468717 ALBERTA LTD v WOOD, 2017 ABQB 393


7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff applied for Summary Judgment as against the Defendants. The Action was commenced to rectify a Certificate of Title. Michalyshyn J. noted that Rule 7.3 provides that a party may apply to the Court for Summary Judgment if there is no defence to a Claim or part of it; there is no merit to a Claim or part of it; or, the only real issue is the amount to be awarded.

Michalyshyn J. confirmed Summary Judgment is not possible if the opposing parties’ Affidavits and evidence conflict on material facts. Moreover, a full Trial is required when the existing record cannot be used to decide legal issues that are unsettled, complex or intertwined with facts. Justice Michalyshyn found that there was no evidence that conflicted significantly, and there were no complex legal issues before the Court that could not be resolved on a summary basis. Justice Michalyshyn granted the Application.

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