KOSTIC v THOM, 2020 ABQB 324
7.3: Summary Judgment (Application and decision)
The Defendants applied for Summary Dismissal of the Plaintiff’s claim pursuant to Rule 7.3(1). In citing Weir-Jones Technical Services Inc. v Purolator Courier Ltd., 2019 ABCA 49, the Court confirmed the key factors that should be considered in determining summary dispositions.
Rooke A.C.J. noted that first, the Court must consider whether it is possible to fairly resolve the dispute on a summary basis, or whether uncertainties in the facts, record or law reveal a genuine issue requiring a Trial. Second, the Court must assess whether the moving party has met its burden to show that there is either "no merit" or "no defence" and that there is no genuine issue requiring a Trial. Third, the Court must consider whether the resisting party put its best foot forward and demonstrated that there is a genuine issue requiring a Trial. Lastly, the presiding Judge must be left with sufficient confidence in the state of the record such that he or she is prepared to exercise the judicial discretion to summarily resolve the dispute.
Rooke A.C.J. first noted that there were no material facts in dispute. There was also no dispute between the parties about the validity or accuracy of the documents in evidence, nor were there any substantial issues of credibility to be resolved. Further, the Court was satisfied that the Defendants had met their burden to show that there was no merit to the claim against them. Rooke A.C.J. found that none of the evidence put forward by the Plaintiff demonstrated that there was a genuine issue requiring Trial. Finally, Rooke A.C.J. determined that he had “sufficient confidence in the state of the record,” and exercised the Court’s judicial discretion to summarily resolve the dispute. The Defendants’ Application for Summary Dismissal was granted.View CanLII Details