Nixon j

7.3: Summary Judgment (Application and decision)

Case Summary

After obtaining an interim Restraining Order, the Applicant, the Muslim Counsel of Calgary, applied for the review of the interim Order and sought a permanent Restraining Order against the Respondent, Mourra. Nixon J. noted that the Application referenced Rule 7.3 as well as the Judicature Act, RSA 2000, c J-2 as authority for granting a permanent Injunction. His Lordship stated that Rule 7.3 applies “in respect of all or part of a claim”. Since the term “claim” is defined to “include a matter where a plaintiff seeks a remedy”, the Application fit within the scope of Rule 7.3.

Nixon J. considered prior leading authorities which related to Rule 7.3 and determined that the matter could be disposed of summarily on the existing record before the Court. Along with the powers granted by the Judicature Act, the Court had the necessary legal foundation to grant a permanent Injunction, and therefore a permanent Restraining Order. Justice Nixon considered the test to grant a permanent Injunction and held that the Applicant met the test. Therefore, the Application for the permanent Restraining Order against the Respondent was granted.

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