1490703 ALBERTA LTD v CHAHAL, 2020 ABQB 33


5.15: Admissions of authenticity of records
6.11: Evidence at application hearings
7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff corporation purchased residential real estate which, upon transfer of title, remained subject to an encumbrance that was ultimately enforced through foreclosure. The Plaintiff brought an Action against several lawyers that it had retained to administer the conveyance (the “Conveyance Lawyers”). The Conveyance Lawyers brought an Application for Summary Dismissal on the ground that the Action had been filed outside the limitation period.

In considering the Summary Dismissal Application, Master Mason relied on several Affidavits and cross-examination transcripts. The parties also referred to a filed “Book of Documents” which contained the Plaintiff’s Affidavit of Records. Master Mason noted that the records contained in the Affidavit of Records had been deemed authentic through passage of time, as provided for in Rule 5.15, and that admissible records disclosed in an Affidavit of Records could be considered in the Application pursuant to Rule 6.11, but not as evidence of the truth of the records’ contents.

The Court held that there was sufficient undisputed evidence to inform the limitations issue and applied the test for Summary Dismissal set out in Rule 7.3 and clarified by the Court of Appeal of Alberta in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49. Master Mason determined that injury arising in the course of conveyance had been objectively discoverable more than two years prior to the filing of the Action. The Action was dismissed against the Conveyance Lawyers.

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