COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK BA (RABOBANK INTERNATIONAL) v LIEBIG & KEOWN LLP, 2016 ABQB 417
7.3: Summary Judgment (Application and decision)
The Plaintiff appealed two Masters’ Decisions, both of which related to Summary Dismissal Applications by the Defendants. The Masters’ Decisions granted substantial relief in favour of the Defendants.
With respect to the test for Summary Judgment, Sullivan J. noted that Summary Judgment can be given if disposition that is fair and just to both parties can be made on the existing record. Summary Judgment can be granted if in light of what fair and just process reveals, there is no merit to the Claim. Justice Sullivan observed that the existing record was complete except for the expert evidence. Justice Sullivan noted that, in order for the Respondent’s case to have merit there must be a genuine issue of potentially decisive material facts.
After reviewing the test for Summary Judgment, the applicable case law on negligent misrepresentation, and the facts of the case, the Court dismissed the Appeals.View CanLII Details