3.68: Court options to deal with significant deficiencies
7.3: Summary Judgment (Application and decision)

Case Summary

The Defendants filed an Application for Summary Dismissal pursuant to Rule 7.3 and/or to strike the Statement of Claim pursuant to Rule 3.68. The Court reviewed the seminal decision of Weir-Jones Technical Services Inc. v Purolator Courier Ltd., 2019 ABCA 49, confirming that with respect to Rule 7.3, Summary Dismissals must be granted whenever there is no genuine issue requiring a Trial. The Court also confirmed that the procedure and outcome must be just, appropriate and reasonable.

In order to dismiss the Action under Rule 7.3, the Court needed to consider if the Defendants owed the Plaintiff a private law duty of care under the Fatality Inquiries Act, RSA 2000, c F-9. The Court determined that none of the Defendants owed a private law duty of care to the Plaintiff.

In dismissing the claim pursuant to Rule 7.3, Applications Judge Summers noted that this case was decided strictly on principle of law, and that there were no contentious facts to be considered, making it appropriate for Summary Dismissal.

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