MOUME v LONDONDERRY SHOPPING CENTRE INC, 2011 ABQB 612
MASTER SCHLOSSER
1.2: Purpose and intention of these rules
7.1: Application to resolve particular questions or issues
Case Summary
The Plaintiff brought an Application for Summary Judgment and an Application that the Third Party insurer was obliged to defend the Defendant. The Defendant brought an Application for Summary Judgment as well as an Application under Rule 7.1 to have an issue brought before the Court to determine the existing insurance coverage. The Court dismissed the other Applications and held that it was appropriate to invoke Rule 7.1 and order a determination of a question or issue. The Court stated that a determination of a question or issue could dispose of the bulk of the issues in the lawsuit and as such it satisfied some of the goals set out in Rule 1.2.
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