BROOKFIELD RESIDENTIAL (ALBERTA) LP (CARMA DEVELOPERS LP) v IMPERIAL OIL LIMITED, 2017 ABQB 218
7.3: Summary Judgment (Application and decision)
The Plaintiff commenced and Action for damages arising from the contamination of the Plaintiff’s land due to an oil well drilled and operated by the Defendants in 1949-1950. The Defendants applied for Summary Dismissal of the Plaintiff's Claim on the basis that the Plaintiff’s Claim was unmeritorious.
Referring to Rule 7.3(1)(b), Graesser J. noted that recent leading authorities have set a high standard for Summary Judgment. The applicable test for Summary Dismissal is whether there is a genuine issue requiring a trial or no merit to the claim. Graesser J. stated that the Court must examine the record to determine if a disposition can be made which will be fair and just to the parties. Further, the parties are expected to “put their best foot forward”.
The Defendants asserted that the Plaintiff's claim was limitation barred. Graesser J. agreed. Because of this, and because the Plaintiff failed to show that the Defendants had a continuing obligation to the Plaintiff to remove the contamination, Graesser J. held that the Plaintiff’s claim had no merit. Accordingly, the Defendants' Application for Summary Dismissal was granted.View CanLII Details