Not So Fast: When Courts Push Back On Summary Dismissal

Summary dismissal is not appropriate when there are material facts in dispute. A full trial is essential to resolve these issues properly. Moreover, it is crucial to consider all evidence available, not merely evidence that supports a party's position. The Court here found that regardless of a party's questioning evidence, other prior statements of that party which conflicted on a material point were a bar to summary judgment.

On August 23, 2014, Shawna Biegel experienced a severe bicycle accident in Banff. She was launched over the handlebars of her bike, knocking herself unconscious and suffering a significant brain injury. Biegel had no memory of how the accident occurred, and there were no eyewitnesses.