WINSHIP v STANTEC CONSULTING LTD, 2016 ABQB 468

goss J

8.20: Application for dismissal at close of plaintiff’s case

Case Summary

The Plaintiff brought an Action against the Defendants for breach of contract and negligence. At the close of the Plaintiff’s case at Trial, the Defendants applied for a Non-Suit pursuant to Rule 8.20. Justice Goss considered the Rule and held that the test for a Non-Suit Application is whether the Plaintiff adduced some evidence on each of the essential elements of the Claim. In making this assessment, the Trial Judge must assume that the Plaintiff’s evidence is true, and draw reasonable inferences from it, instead of weighing the evidence or assessing the parties’ credibility. Goss J. considered the circumstances in this Action, and found that the Plaintiffs had not made out their case against the Defendants. As a result, the Defendants’ Non-Suit Application was allowed, and the Plaintiffs’ Action was dismissed with Costs.

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