LYONS v BALDWIN, 2012 ABQB 12
MASTER SMART
7.3: Summary Judgment (Application and decision)
Case Summary
A Defendant successfully applied to have the Action struck on the grounds that there was no merit to the Claim or to any portion of it as against that Defendant. The Court, referring to Kwan v Superfly Inc, 2011 ABQB 343, stated that Rule 7.3 operates in the same manner and follows the same legal principles as Rule 159 of the old Rules. Master Smart noted that Summary Judgment may be granted to a Defendant if the Court is satisfied there is no merit to the Claim. Master Smart pointed out that the test for Summary Judgment is also expressed as: (1) the Action is bound to fail, (2) the Claim does not raise a genuine issue for Trial, or (3) the Claim has no reasonable prospect of success.
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