The Alberta Court of Appeal clarifies the test for summary
judgment and dismissal.
Weir-Jones Technical Services Incorporated v. Purolator Courier,
Purolator Inc. and Purolator Freight, 2019 ABCA 49per Slatter
JA (Fraser CJA, Watson and Strekaf JJA concurring) (Wakeling JA
concurring in the result)
FACTS AND ISSUES
The Plaintiff (Weir-Jones) entered into a number of contracts,
including a collective agreement with an arbitration clause, with
the Defendants (Purolator) to transport packages on behalf of
Purolator. The contracts were terminated in August 2009. Weir-Jones
commenced grievances under the collective agreement in November
2008 and January 2009, as well as an action alleging breaches of
contract on July 22, 2011.
