BRUNO v SAMSON CREE NATION

The Appeal challenged parts of a Decision certifying a class proceeding and granting Summary Judgment on some of the common issues.

The Court considered Summary Judgment in the context of Rules 7.2 and 7.3 and held that Summary Judgment is not available if there is a genuine issue requiring Trial. In this case, the Court found there were genuine issues requiring trial and quashed the Lower Court’s decision granting of Summary Judgment.