926 CAPITAL CORP v PETRO RIVER OIL CORP, 2015 ABQB 431
MASTER PROWSE
3.68: Court options to deal with significant deficiencies
7.3: Summary Judgment (Application and decision)
Case Summary
The Plaintiff landlord brought an Application to amend its pleadings to add another claim when the Defendant tenant moved for Summary Dismissal. Master Prowse considered which Application ought to go first. Master Prowse, quoting from Hur v 726913 Alberta Ltd, 2013 ABQB 208 (CanLII), held that when an Application for Summary Judgment is heard concurrently with an Application to amend pleadings, the Court must determine the amendment Application before the Application for Summary Judgment. Master Prowse observed that it was not unusual for amendments to occur when a party seeks to strike pleadings pursuant to Rule 3.68, or seeks Summary Judgment pursuant to Rule 7.3. Master Prowse considered the amendments first, holding that the additional claims could be added. The Summary Dismissal Application was granted with respect to the original claims for unpaid rent.
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