LDS v SCA, 2021 ABQB 818


7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff filed an Application for Summary Judgment. The Court reviewed the seminal decision Weir-Jones Technical Services Inc v Purolator Courier Ltd, 2019 ABCA 49, confirming that, with respect to Rule 7.3, Summary Judgments must be granted whenever there is no genuine issue requiring a Trial.

A Court should not use a categorical approach when assessing whether there is a genuine issue requiring Trial but should focus on the goals and principles underlying whether to grant such an Application.

The Court underscored that the key issue in determining whether it can be said that there is no genuine issue requiring Trial is whether the Judge is able to reach a fair and just determination on the merits. In this case, Justice Belzil found that there was no genuine issue requiring a Trial and granted Summary Judgment.

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