7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff tenant commenced a Claim against his landlord for, inter alia, overcharging and refusal to apply various rental credits. The landlord applied for Summary Judgment on the basis that the Plaintiff owed rental arrears. Master Prowse considered the recent Court of Appeal decision of Maxwell v Wal-Mart Canada Corp, 2014 ABCA 383 (CanLII), where it was noted that (emphasis in original):

… Under the new Rule, no genuine issue for trial exists where the judge is able to make a fair and just determination on the merits without a trial, because the summary judgment process allows him or her to make the necessary findings of fact, to apply the law to those facts and is a proportionate, more expeditious and just means to achieve a just result. …

Master Prowse observed that the landlord had spent significant time and energy bringing detailed evidence before the Court. Master Prowse determined that a fair, just and proportionate disposition of the issues could be achieved by proceeding summarily and not continuing to Trial. Master Prowse granted Summary Judgment to the landlord for the rental arrears and possession of the property.

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