7.3: Summary Judgment (Application and decision)

Case Summary

Two Defendants applied for Summary Dismissal of the Plaintiff’s claim against them, and Summary Dismissal of another Defendant’s Third Party Claim against them, pursuant to Rule 7.3. The claims against the two Defendants alleged that they had negligently carried out construction work at a residential property.

Master Summers reviewed the test for Summary Dismissal described by the Court of Appeal in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49 and noted that Summary Dismissal is appropriate where the Court is able to make necessary findings of fact on the record before it. The Master then considered the claims against the two Defendants and the evidence filed by the parties. Master Summers held that it was possible that the two Defendants owed a duty of care to the Plaintiff, and found that the Plaintiff’s expert evidence demonstrated that the two Defendants’ work contributed to problems at the residence. As such, there were genuine issues as to whether the two Defendants had been negligent which could not be determined on a summary basis, and Master Summers dismissed the Defendants’ Application for Summary Dismissal.

View CanLII Details