Alberta Court Of Appeal Encourages Use Of Summary Judgment Rules

• Published date: 06 January 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Professional Negligence
• Law Firm: Lawson Lundell LLP
• Author: Ms Jennie Buchanan and Jahaan Premji

This post discusses the Alberta Court of Appeal's recent decision in Hannam v. Medicine Hat School District No. 76,¹ which stands as an emphatic reminder that the Supreme Court of Canada has directed courts to grant summary judgment when a fair and just determination can be made without a trial.

Although Hannam does not change the law of summary judgment, it conveys the Court's view that, in many cases, Alberta courts have been underutilizing this important tool for enhancing access to justice. The decision provides clear direction for the proper adjudication of summary judgment motions, and includes helpful guidance for litigants considering an application for summary judgment.

Facts

The facts are simple. The plaintiff slipped and fell on the main entrance sidewalk of an elementary school after dropping off her daughter. The school custodian had sanded the sidewalk seconds before the incident. The plaintiff sued the defendant school board, alleging negligence and breach of the Occupiers' Liability Act. The school board applied for summary dismissal. For purposes of its application, the school board conceded that the sidewalk was slippery before the custodian sanded it, and that the custodian sanded the sidewalk moments before the plaintiff slipped and fell.

The Chambers Judge refused to grant summary judgment, holding that there were "conflicting bits of evidence" and that a finding of no negligence by the defendant was not obvious. The defendant appealed. The majority of the Court of Appeal overturned the Chambers Judge's decision and granted the defendant's application. The majority was satisfied that a trial would not produce a more complete factual record and held, based on the factual record and applicable law, that the defendant did everything it could have or should have done to make the sidewalk safe.² Although the majority did not say so expressly, its reasons reveal its view that the Chambers Judge erred in considering whether the ultimate disposition if there was a trial was obvious, rather than considering whether the facts could be decided on a balance of probabilities.³

Summary Judgment Principles in Alberta

In 2019, the Alberta Court of Appeal released its decision in Weir-Jones Technical Services Inc. v. Purolator Courier Ltd,⁴ which sought to clarify the law of summary judgment in Alberta following the Supreme Court of Canada's 2014 landmark decision in Hryniak v. Mauldin.⁵ Specifically, the Court's reasons addressed the apparent...