MARCOUX BROS TRUCKING v MARITIME-ONTARIO FREIGHT LINES LIMITED, 2021 ABQB 998
6.14: Appeal from master’s judgment or order
7.3: Summary Judgment (Application and decision)
The Defendant appealed a Master’s Decision to dismiss an Application for Summary Dismissal. Prior to determining the Summary Dismissal Appeal on the merits, Justice Hollins noted that, under Rule 6.14(3), an Appeal from a Master to the Court of Queen’s Bench is an Appeal on the record. However, Appellants from Master’s Chambers may introduce new evidence which results in a different record before the Court of Queen’s Bench than was before the Master. Justice Hollins further noted that the appropriate Standard of Review is correctness.
Justice Hollins identified that Summary Judgment/Dismissal is enabled under Rule 7.3. Ultimately, Justice Hollins dismissed the Defendant’s Appeal as the Defendant failed to meet the Burden of Proof for Summary Dismissal.View CanLII Details