FLINT v IRON WILL INNOVATIONS CANADA INC, 2015 ABQB 310
7.3: Summary Judgment (Application and decision)
The Plaintiff brought an Application for Summary Judgment against his former employer, seeking a contractual retirement allowance arising from his alleged constructive dismissal. The Plaintiff claimed to be entitled to a retirement allowance pursuant to the terms of his written employment contract with the Defendant.
With respect to the principles underlying Summary Judgment, Justice Browne stated that the test for Summary Judgment is whether it is fair and just to both parties to rely on the existing record for adjudication of the matter, rather than Trial. Her Ladyship noted that the key was whether the circumstances required viva voce evidence in order to properly resolve the case. Browne J. also observed that the Court must look at whether there is any issue of “merit” that genuinely requires a Trial, or conversely, whether the Claim or Defence is so compelling that the likelihood that it will succeed is so high that it should be determined summarily. After reviewing the facts of the case, Browne J. was unable to find that the Plaintiff was entitled to a retirement allowance pursuant to the terms of his employment agreement. Accordingly, the Summary Judgment Application was dismissed.View CanLII Details