The Plaintiff, Whissell Contracting Ltd. applied for partial Summary Judgment against one of the Defendants, SNC-Lavalin (“SNC”) in an Action related to construction of a light rail transit line in Calgary.

Macleod J. noted that Rule 7.3 provides that Summary Judgment may be granted where there is no defence to a Claim or part of it, and that Summary Judgment ought not to be denied on the basis that the evidence discloses a triable issue. Rather, Justice Macleod emphasized that the question is whether there is a question of merit that requires a Trial, or, whether the Claim is so compelling and its likelihood of success so high that it should be determined summarily.

Following a detailed consideration of the evidence before the Court, including whether the evidence showed that the contractual relationship between the parties was sufficiently clear to permit Summary Judgment, Macleod J. held that the record was insufficient to support Summary Judgment. The Application was dismissed.