HALLIBURTON GROUP CANADA INC v BORTH, 2012 ABQB 130
7.3: Summary Judgment (Application and decision)
The Defendant brought an Application for Summary Judgment with respect to a claim against him that was related to a motor vehicle accident. The Defendant claimed that the action was statute barred under section 3(1) of the Limitations Act, RSA 2000, c L-12. The Court indicated that to succeed the Defendant must show, that it was “plain and obvious or beyond doubt that his Limitations Act defence will succeed”.
There was evidence, put forward by the Plaintiff, that representatives of the Defendant’s insurance company indicated to the Plaintiff’s insurance company that it “need not be concerned with time periods” and that the Defendant’s insurance company had “accepted the claim and would deal with it until it was finalized”. An insurance adjuster for the Defendant deposed information contradicting this.
Ultimately, it was found that there was a genuine issue for trial. The issue was based on the evidence put forward by the Plaintiff and the argument that promissory estoppel precluded the Defendant from relying on a Limitations Act defence.View CanLII Details