The Plaintiff was a creditor and shareholder of the Defendant Corporation. The Plaintiff brought an oppression Application under the Alberta Business Corporations Act, RSA 2000, c B-9, seeking repayment of his debt.

Master Schlosser cited Larouche v Court of Queen’s Bench of Alberta, 2015 ABQB 25 (CanLII), for the applicable test under Rule 7.3, noting that, from a “process perspective”, Summary Judgment can be given if a disposition that is fair and just to both parties can be made on the existing record. From a “substantive perspective” Summary Judgment may be granted if there is no merit to the Claim. The concept of merit in a Summary Judgment context is to be distinguished from the test for striking out Pleadings under Rule 3.68. The Application was dismissed as there was “too great a factual separation” between the two sides with respect to the terms of the agreement between the parties.