The Plaintiff commenced an Action against the Defendant for damages arising from the Plaintiff’s injuries after he was assaulted by another bar patron at the Defendant’s establishment. The Defendant sought Summary Dismissal of the Plaintiff’s Claim. The Court stated that Rule 7.3(1)(b) applies to Summary Judgment Applications brought by a Defendant, and the basis for consideration is whether there is any merit to the Claim or part of it. The Court stated that the older test of whether the evidence disclosed a triable issue or genuine issue for Trial is no longer applicable in Alberta. The Court held that there was no evidence to support that there was a genuine issue of merit which required resolution at a Trial. Accordingly, the Application for Summary Dismissal was granted.