OWNERS: CONDOMINIUM PLAN NO 7721985 v BREAKWELL, 2019 ABQB 674
6.14: Appeal from master’s judgment or order
7.3: Summary Judgment (Application and decision)
In an Action brought by a condominium corporation to recover an insurance deductible from a condominium owner, competing Applications for Summary Judgment and Summary Dismissal were brought before Master Wachowich. The owner was successful, and the corporation appealed pursuant to Rule 6.14.
On appeal, Justice Mandziuk observed the now well-settled standard of review: “The standard of review for an Appeal from a Master to a Justice of the Court of Queen’s Bench is correctness on all issues. Deference to the Master’s Decision is not required. The Court hearing the Appeal is able to conduct a de novo analysis, reviewing all relevant and material evidence, submissions and the record in order to reach a decision”. The Court proceeded to conduct a full re-hearing of the Applications, and determined that the record was sufficient to fairly resolve the matter on a summary basis, referencing the test for Summary Judgment which had been clarified by the Court of Appeal in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 (CanLII) subsequent to Master Wachowich’s decision. Justice Mandziuk allowed the Appeal and found in favour of the corporation.View CanLII Details