SCHELL ESTATE (RE), 2018 ABQB 991
1.2: Purpose and intention of these rules
7.3: Summary Judgment (Application and decision)
The Defendants applied for Summary Dismissal of the Action under Rule 7.3, arguing that the Action had no merit, no real chance of success, and that Summary Dismissal was appropriate.
Mandziuk J. stated that Rule 7.3 allows a party to apply for Summary Dismissal where there is no merit to a claim or a part of a claim. Rule 7.3 gives the Court the power to dismiss an Action where it determines that there is no need for a Trial. Mandziuk J. also kept in mind the foundational Rule 1.2, which provides that the Rules are to be interpreted purposively as a means by which claims can be fairly and justly resolved in or by a Court process in a timely and cost effective way.
The Court then noted that there appears to be a division in Alberta jurisprudence concerning the proper standard of proof for Summary Judgment and Summary Dismissal. One line of cases held that the standard of proof was “unassailable”, while another line of cases held that the standard of proof was “on a balance of probabilities”.
Mandziuk J. held that a fair and just determination could not be made on the merits of the Action through a summary proceeding. Regardless of which standard of proof was applied, a Trial would be necessary to determine the truth, and consequently the Application for Summary Dismissal was dismissed.View CanLII Details