This was an Application for injunctive relief by the Plaintiff, and a Cross-Application for Summary Dismissal of the underlying Action by the Defendant. The underlying Action concerned alleged leakage from a sewage lagoon, giving rise to tort liability and substantial associated damages.

The Court denied injunctive relief based on the Plaintiff’s failure to demonstrate satisfaction of the applicable test. The Cross-Application for Summary Dismissal of the Action was granted pursuant to Rule 7.3, on the basis that the Defendant had demonstrated that the Plaintiff’s Statement of Claim had no merit based on the well-developed evidentiary record.

In granting Summary Dismissal of the Action, the Court noted that Summary Dismissal may be granted where the Court is able to reach a fair and just determination on the merits, having regard to the available evidentiary record. If the Defendant is the moving party, it must prove that there is "no merit" to the claim and that there is no genuine issue requiring Trial. The Plaintiff can resist Summary Dismissal by persuading the Court that there is a genuine issue requiring a Trial, or in other words that the Defendant has not met that aspect of its burden.