BAIRN CORPORATION v GABERT, 2022 ABKB 668
3.2: How to start an action
The Applicants applied for determination of the extent of easement rights on land owned by the Respondents. The Applicants also asked the Court for equitable relief to impose a “lasting solution” for the land.
The Applicants brought this Action by Originating Application. Rule 3.2(2) directs that a Statement of Claim must be used to start an Action, unless “there is no substantial factual dispute”, among other factors. The Court found that the Applicants’ equitable claim was not properly pleaded and particularized, so the facts essential to the claim could not be determined and the Court could not assess whether a substantial factual dispute existed.
The Court declined to grant equitable relief based on the “ill-defined” claim and directed the Applicants that they could continue to pursue equitable relief by filing a Statement of Claim.View CanLII Details