The Plaintiff, Geophysical Service Inc. (“GSI”), applied for partial Summary Judgment against two Defendants, Plains Midstream Canada ULC and BP Canada Energy Group ULC (the “Defendants”). Eidsvik J. considered Rule 7.3 and the leading Alberta authorities on Summary Judgment. Eidsvik J. noted that if a Respondent to a Summary Judgment Application has evidence that could defeat the Applicant at Trial then Summary Judgment will not be granted. GSI and the Defendants agreed that there were no material facts in dispute; however, the Defendants argued that the evidence showed that their defence to GSI’s claim was strong and therefore GSI’s Application for Summary Judgment should be dismissed.

Eidsvik J. held that GSI had not proven that it had suffered any damages caused by BP Canada Energy Group ULC, and that Plains Midstream Canada ULC appeared to have a complete defence to GSI’s claim. Justice Eidsvik therefore dismissed GSI’s Application for Summary Judgment as against the Defendants.