ROMAN CATHOLIC BISHOP OF THE DIOCESE OF CALGARY v SCHUSTER, 2018 ABQB 372
4.33: Dismissal for long delay
7.3: Summary Judgment (Application and decision)
The Plaintiff applied to a Master for Summary Judgment (the “Summary Judgment Application”), and Edmund Schuster (“Mr. Schuster”), a lawyer, and his professional corporation (together, the “Defendants”), cross-applied to have the Action dismissed for long delay (the “Dismissal Application”). The Master dismissed both Applications, and both the Plaintiff and the Defendants appealed the Master’s Decision.
The Dismissal Application was filed on December 19, 2016. Justice Hall upheld the Master’s Decision that the partial discontinuance of the Action against certain Defendants in October 2014 was a significant advance as it streamlined the Action by reducing the number of Defendants. As a result, Hall J. dismissed the Defendants’ Appeal.
Justice Hall considered the Plaintiff’s Application seeking Summary Judgment for its Claim against the Defendants for breach of fiduciary duty. Hall J., referring to recent Court of Appeal authority which set out the refined test for Summary Judgment, stated that Summary Judgment may be granted on a claim for breach of fiduciary duty. However, on the facts of the case, Justice Hall found that further viva voce evidence was required. For this reason, Hall J. dismissed the Plaintiff’s Appeal.View CanLII Details