ACCESS MORTGAGE CORPORATION (2004) LIMITED v ARRES CAPITAL INC, 2014 ABCA 280
MARTIN, WAKELING JJA AND NATION J (AD HOC)
7.3: Summary Judgment (Application and decision)
Case Summary
The Defendant Appellant appealed a Summary Judgment Order and an Order granting leave to file a Writ of Enforcement in a debt Action. The motions Judge granted Summary Judgment on the basis that, on the evidence presented, the Plaintiff Respondent did not forgive the Defendant Appellant’s debt. The Court of Appeal considered Rule 7.3 and stated that a court may grant Summary Judgment if there is no defence to a claim or part of it. The Court noted the change in the language of the current Rule 7.3 as compared to prior Rule 159. The Court also observed that Summary Judgment is a “valuable option in the dispute resolution process”. The Court concluded that the Defendant Decision granting Summary Judgment for the amount of the unpaid debt was appropriate.
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