VALLIERES v VOZNIAK, 2014 ABCA 383

FRASER, SLATTER and BIELBY JJA

4.29: Costs consequences of formal offer to settle
7.3: Summary Judgment (Application and decision)

Case Summary

The Plaintiff appealed a Decision which granted Summary Dismissal of his claims against two of the Defendants. Summary Dismissal was granted pursuant to Rule 7.3(1)(b). The Court of Appeal stated that Rule 7.3(1)(b) allows a party to apply for Summary Dismissal when there is no merit to the Claim. The Chambers Judge held that it must be “plain and obvious” that a Claim cannot succeed before Summary Dismissal can be granted. The Court, citing Windsor v Canadian Pacific Railway Ltd, 2014 ABCA 108, stated that the test had been widened. The current test stipulates that if a court is able to make a fair and just determination on the merits of a case without a Trial, then no genuine issue for Trial exists, and Summary Dismissal will be granted. While the Appellant argued that the Chambers Judge made erroneous findings of fact, the Court of Appeal concluded that the Chambers Judge made a fair disposition based on the evidence before him. Accordingly, the Appeal was dismissed.

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