DURI HOMES LTD v QUEST COATINGS LTD, 2022 ABQB 166
7.3: Summary Judgment (Application and decision)
The Defendant appealed the decision of a Master dismissing its Application for Summary Judgment. The Defendant sought Summary Judgment declaring that it was an unnamed insured under a builder’s risk insurance policy and, therefore, protected by a subrogation clause against any action by the Plaintiff or its insurer.
The Court confirmed that the applicable test for Summary Judgment was recently summarized in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49. MacLeod J. found that the Court could resolve the Action on a summary basis and allowed the Appeal. He rejected the Plaintiff’s argument that the Action involved a complex factual scenario with credibility concerns. The Court found that the Defendant had proven the facts on which it relied on a balance of probabilities, which were the core facts of the case. The Could also found that the Defendant had met its onus for summary judgment on a balance of probabilities, and there was no genuine issue requiring trial. The Court granted Summary Judgment and held that the Defendant was an unnamed insured under the builder’s risk policy.View CanLII Details