KUZOFF v TALISMAN PERU BV SUCURSAL DEL PERU, 2020 ABQB 111
6.14: Appeal from master’s judgment or order
7.3: Summary Judgment (Application and decision)
Justice Hollins dismissed the Appellant’s Appeal from a Decision of a Master to summarily dismiss the Action.
Her Ladyship noted that pursuant to Rule 6.14(3), an Appeal from a Master to a Justice of the Court of Queen’s Bench is an Appeal on the record and the standard of review is correctness.
Justice Hollins ultimately determined that the Master had correctly determined, under Rule 7.3, that the Appellant’s claim was without merit and therefore subject to Summary Dismissal. Specifically, the Master correctly found that it was possible to fairly resolve the dispute on a summary basis as there was no genuine issue for Trial; the Defendant had successfully shown that there was no merit to the claim; the Plaintiff did not demonstrate a genuine issue requiring a Trial; and it was appropriate to exercise judicial discretion to summarily resolve the dispute.View CanLII Details