STONEY TRIBAL COUNCIL v IMPERIAL OIL RESOURCES LIMITED, 2012 ABQB 557

MASTER HANEBURY

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

Case Summary

Imperial applied to have a royalty payments claim struck. Master Hanebury stated that a Claim will be struck under Rule 3.68 if it is plain and obvious or beyond doubt that the Action cannot succeed; however, if it can be shown that “there is a chance” that the Action will be successful, the Claim should not be struck. Next, Master Hanebury noted that a claim may be dismissed summarily under Rule 7.3, but an Application for Summary Dismissal should not be granted if there is a genuine issue for Trial. Master Hanebury also confirmed that when the facts were not in dispute, as was the case in this matter, the question to be determined by the Court was whether the issue could be fairly decided on the filed record. After considering each issue in turn, Master Hanebury determined that there was no genuine issue for Trial and the Stoney Tribal Council had no standing to continue their claim against Imperial.

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