SOLIS v DEL ROSARIO

Citation 2014 ABQB 310

Court Court of King's Bench of Alberta

Year 2014

Justice LEE J

Rules Discussed

Rule 1.2 Purpose and intention of these rules
Rule 5.19 Limit or cancellation of questioning
Rule 7.3 Summary Judgment (Application and decision)

Case Summary

This was an Application by the Defendant, WCB, to cancel a Notice of Appointment to Question one of their employees, pursuant to Rule 5.19.

WCB had brought a Summary Dismissal Application against the Plaintiffs. The Application was heard by Lee J. on February 7, 2014. Lee J. reserved his Decision, which Decision was still outstanding at the time the Application was heard.

The Defendants argued that the Questioning was premature and improper at this time. If Summary Dismissal was granted, the Questioning would have been unnecessary. The Court agreed, and after reviewing Rule 5.19 and Rule 1.2, cancelled the Appointment for Questioning pending the outcome of the Summary Dismissal Application.

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