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.
