ALLEN v RADEJ, 2014 ABQB 171


7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff fell out of a tree. The Plaintiff was intoxicated and climbed the tree as part of a challenge that he had issued to another individual. The Defendants brought a Summary Judgment Application.

The Court analyzed three issues that the Plaintiff submitted were triable issues: (a) employer- employee relationships; (b) social host liability; and (c) occupier’s liability. The Court held that the “Defendants have satisfied their legal burden of showing that there is no genuine issue of material fact requiring trial”. The Court cited Hryniak v Maudlin, 2014 SCC 7, for the general proposition that Courts need to arrive at a fair and just adjudication of claims in a way that does not impose unnecessary expense upon the litigants. The Court held that there were no triable issues and the Application was dismissed.

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