Weir In Agreement: Alberta Court Of Appeal Confirms Summary Rule

• Published date: 18 November 2020
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Trials & Appeals & Compensation
• Law Firm: Field LLP
• Author: Mr Robert Rakochey and Laura Triana

In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 ('Hannam'), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decision as the Alberta Court of Appeal provides guidance on how to apply the previously set out Weir-Jones test while also providing an in-depth analysis to encourage the use of summary judgement.

Further, Hannam builds on Hryniak v Mauldin, 2014 SCC 7 ('Hyrniak') in which the Supreme Court of Canada encourages a 'shift in culture' of litigation and dispute resolution. The Supreme Court held that reliance on a conventional trial is outdated and no longer reflects our reality. This is especially true in 2020 due to the COVID-19 pandemic, which has limited the Court's ability to hold in-person hearings more than ever before. As indicated in Hyrniak, procedures should be proportionate, timely, and affordable. Therefore, the Supreme Court specifically encourages the increased use of summary judgement procedures, instead of presuming that all matters should lead to trial¹.

In Hannam, the Alberta Court of Appeal reiterated the Weir-Jones standard that indicates that summary judgment is appropriate 'if the moving party of a claim has proved the material facts on a balance of probabilities and advances the law that vindicates the moving party's position.' The Court also emphasized that the outcome does not have to be obvious, and there must be 'no genuine issue to be tried' - which moves away from measuring the merits of the parties' positions and towards a focus on procedural fairness².

Hannam Factual Background

In 2017, after dropping her daughter off at school, the plaintiff Hannam slipped and fell seconds after the school's custodian had sanded the sidewalk. As a result of the slip and fall, she broke her right ankle and pursued a case for personal injury against the Medicine Hat School District. The action was first heard in front of Master Robertson, who found that reasonable steps were taken by the custodian to ensure safe sidewalk conditions. After hearing oral arguments, the Master summarily dismissed the action as the case lacked merit and he did not see any case of negligence by the defendant.

On appeal, Justice Miller reversed Master Robertson's decision and allowed Hannam's appeal, as 'conflicting bits of evidence' existed which merited a trial. Justice Miller decided the appeal in December 2018 and therefore did not have the benefit of the...