FITZPATRICK v THE COLLEGE OF PHYSICAL THERAPISTS OF ALBERTA, 2020 ABCA 164
PENTELECHUK, ANTONIO AND FEEHAN JJA
7.3: Summary Judgment (Application and decision)
The Court of Appeal dismissed an Appeal of a Chambers Judge’s Decision granting the Defendant Summary Dismissal of the Action.
The Court considered Rule 7.3(1) which allows for Summary Dismissal where there is no merit to a claim or part of it, or the real issue in dispute is the amount to be awarded.
The Court confirmed that the Respondent had statutory immunity that was not displaced by evidence of bad faith, and upheld the Chambers Judge’s finding that the limitation period under the Limitations Act, RSA 2000, c L-12 had expired by the time the Appellant had brought his claim. Given these findings, the Court found there was no merit to the claim and no genuine issue requiring a Trial. The Court upheld the Decision of the Chambers Judge and dismissed the Appeal.View CanLII Details