The Defendant, 1335422 Alberta Ltd., applied to dismiss or stay the Action against it pursuant to Section 7 of the Arbitration Act, RSA 2000, c A-43, arguing that there was an arbitration agreement between the parties. The Plaintiff argued, inter alia, that notwithstanding an arbitration agreement, a case may proceed through the Court if it would be an appropriate case for Summary Judgment. Master Farrington agreed with this proposition and stated that, in Hryniak v Mauldin, 2014 SCC 7 (CanLII), the Supreme Court of Canada urged the Courts to be more receptive to Summary Judgment Applications under appropriate circumstances.

Master Farrington held that, in this case, a Summary Judgment motion would be weak at best and the case did not fall under the Summary Judgment exception in Section 7(2) of the Arbitration Act. However, the time limit for seeking arbitration had expired under the Limitations Act, RSA 2000, c L-12, so the Action was dismissed.