KRISTEL v PAUL, 2023 ABKB
APPLICATIONS JUDGE SUMMERS
7.3: Summary Judgment (Application and decision)
Certain Defendants (the “Lawyer Defendants”) applied under Rule 7.3 to summarily dismiss the Action brought against them by former clients. Applications Judge Summers granted the Application after finding that the Court record left the Court with sufficient confidence to conclude that there was no genuine issue requiring Trial and that a summary disposition was fair and appropriate in the circumstances.
The Plaintiffs had alleged that the Lawyer Defendants breached certain duties owed to the Plaintiffs when they acted for the remaining Defendants on a transaction involving the sale of land and assets. The Court found that the Plaintiffs adduced no evidence to show that they suffered damages in respect of their complaints against the Defendants and failed to make out the allegations that the Lawyer Defendants were liable.View CanLII Details