The Applicant applied for Summary Dismissal, arguing that the Plaintiff’s claims for conspiracy and inducement of breach of contract had no merit and should be dismissed.

The Court set out Rule 7.3 which allows for the summary dismissal of a claim if there is no merit to it. The Court followed the analysis set out in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49. The Court further cited Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 for the proposition that Summary Judgment will be appropriate where the moving party has proved the material facts on the balance of probabilities and advanced the law that vindicates their position even though the outcome may not be obvious. Further, if the Application presents a genuine issue requiring Trial, Summary Judgment cannot be granted.

The Court found that the evidence did not establish a breach of contract. Some of the evidence was hearsay and was contradicted by the Applicant’s Affidavits. The Court also found that the elements necessary to establish conspiracy were not met and that there was no evidence of an agreement between the Applicant and the other Defendants to conspire against the Plaintiff. The Court concluded that there were no genuine issues for Trial regarding the allegations of conspiracy and inducement breach of contract. The Application for Summary Dismissal was granted.