Can Civil Procedure Rules Limit Inherent Jurisdiction?

This was an appeal by Burton Canada Company ("Burton") of the decision of the Chambers Judge, Justice Gregory M. Warner, dismissing Burton's application for summary judgment. The decision of Justice Warner was upheld, and the appeal dismissed. This decision may have far-reaching implications, as the majority of the Nova Scotia Court of Appeal holds that changing the Civil Procedure Rules can restrict the inherent jurisdiction of a Court. Although the decision was not made on this basis, this dicta may have radical implications for the inherent jurisdiction of superior courts to deal with their procedural rules.

Context

This case stems from a 16 year old boy ("Coady") being paralyzed when he fell and broke his neck while snowboarding, using a borrowed board from Burton. Coady sued the ski hill owners, Wentworth Valley Developments Limited ("Wentworth") and Burton, alleging negligence in failing to maintain the hill and enticing him to try a high-end snowboard.

Burton and Wentworth sought summary judgment arguing that: (i) there were no facts in dispute; and (ii) Coady's claim had no chance of success. Justice Warner dismissed the application for summary judgment, holding that there were contested questions of fact, mixed law and fact or inferences that would require a trial.

Burton (but not Wentworth) appealed. The appeal was dismissed. Four of five judges agreed that, based on the record, the disputed facts gave rise to genuine issues including (among many others listed) duty of care, causation and whether Coady was adequately warned. Since all of these issues required a trial to determine, Burton and Wentworth had not proved that there were no material facts in dispute. The majority therefore determined that they did not need to consider whether Coady meet the burden of proving his claim had a real chance of success.

Discussion

This judgment contains a fascinating discussion of the Nova Scotia Civil Procedure Rules. Rule 13.04 is the "new" rule addressing summary judgment applications. Rule 13.04 does not explicitly reserve any residual inherent jurisdiction to the judge, as did the old rules, to grant or refuse summary judgment. The "new" rule 13.04 provides in relevant part:

13.04(1) A judge who is satisfied that evidence, or the lack of evidence, shows that a statement of claim or defence fails to raise a genuine issue for trial must grant summary judgment.

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(4) A party who wishes to contest the motion must provide evidence in favour...