DASH DISTRIBUTORS INC v POWLIK, 2012 ABQB 770
3.2: How to start an action
The Applicant, by way of an Originating Application, sought an Order compelling the Respondent to transfer shares. The Respondent made a Cross-Application submitting that the Action should have been commenced via a Statement of Claim. The Respondent also argued that the matter was not appropriate for summary disposition.
The dispute centred on a release that set out a distribution of shares. The Applicant argued that the release was the agreement. The Respondent argued that the release was only a release, and the agreement was made orally. Further, the release did not fully reflect the oral agreement.
The Court held that there was a substantial factual dispute, and thus the Action could not be decided summarily and had to be converted to a Statement of Claim.
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