The Plaintiff commenced an Action against their former lawyer for failing to file a Statement of Defence on behalf of the Plaintiff in a motor vehicle accident claim. The Plaintiff also sued the Alberta Lawyers Insurance Association (“ALIA”). The Plaintiff obtained Default Judgment as against her former counsel. ALIA applied for Summary Dismissal against the Plaintiff and was successful, and the Plaintiff appealed the Summary Dismissal finding.

Justice Strekaf cited Hryniak v Mauldin, 2014 SCC 7 (CanLII) and Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108 (CanLII) for the test to be applied under Rule 7.3. Strekaf J. confirmed that the modern test for Summary Judgment is to examine the record to see if a disposition that is fair and just to both parties can be made on the existing record.

Strekaf J. observed that the evidence showed that the Plaintiff failed to provide notice to the insurer in the proper time stipulated under the ALIA policy, therefore barring any Claim. Justice Strekaf agreed with the Master’s decision that there was no basis to provide relief from forfeiture in the circumstances. Her Ladyship dismissed the Appeal.