WESTERN ENERGY v SAVANNA ENERGY, , 2022 ABQB 259
PRICE J
6.14: Appeal from master’s judgment or order
7.2: Application for judgment
7.3: Summary Judgment (Application and decision)
7.4: Proceedings after summary judgment against party
Case Summary
The Plaintiff appealed a Master’s Decision to grant the Defendant’s Application for Summary Dismissal. Justice Price noted that, under Rule 6.14(3), an Appeal from a Master’s Judgment or Order is an appeal on the record of proceedings before the Master; however, new evidence may be adduced if the Judge hearing the Appeal considers it relevant and material.
Justice Price identified that Rules 7.2, 7.3, and 7.4 govern Summary Judgment. Ultimately, after identifying the relevant common law authorities, and concluding that the Defendant established there was no merit to the Plaintiff’s claim, Justice Price dismissed the Appeal and found that the Master did not err in granting the Summary Dismissal.
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