6.14: Appeal from master’s judgment or order
7.2: Application for judgment
7.3: Summary Judgment (Application and decision)

Case Summary

The Applicant applied for an Order for Summary Judgment pursuant to Rules 7.2 and 7.3. The Order was granted by a Master; the Respondent appealed.

Justice Price held that Rule 6.14 governs appeals from a Master’s decision. His Lordship confirmed that an appeal from a Master’s decision is de novo and that the standard of review is correctness. The Court also confirmed that Rule 6.14(3) allows the Court to consider additional evidence that is relevant and material. The appeal before Justice Price did not include any additional evidence. Justice Price held that where the record before the Court is unchanged, the Judge may frame his or her reasons with reference to the Master’s decision, and particularly where the Judge agrees with those reasons.

Justice Price upheld the Master’s decision that the Application was suitable for Summary Judgment pursuant to Rules 7.2 and 7.3. The Court confirmed that the Alberta Court of Appeal’s decision of Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49 is the leading case in Alberta on Summary Judgment. Justice Price held that the Application was appropriate for Summary Judgment because the parties agreed on many of the essential facts of the Action, despite that each party framed the facts in ways that supported their position.

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