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ARTICLE · 11 SEPTEMBER 2018

Alberta Court Of Appeal Panel Of Five To Hear Summary Judgment Appeals

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The Alberta Court of Appeal will be convening a five-member panel on September 7, 2018 to hear two summary judgment appeals.

CanadaLitigation, Mediation & Arbitration
Peter D. Banks
Peter D. Banks
Tiffany Bennett
Tiffany Bennett
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The Alberta Court of Appeal will be convening a five-member panel on September 7, 2018 to hear two summary judgment appeals. The panel will hear appeals from Brookfield Residential (Alberta) LP v Imperial Oil Limited ("Brookefield") and Weir-Jones Technical Services Incorporated v Purolator Courier Ltd ("Weir-Jones"), and it is expected that the Court of Appeal will clarify the test for summary judgment in Alberta. In anticipation of Friday's hearing, the Court of Appeal has invited counsel in both appeals to submit supplemental arguments on the appropriate test for summary judgment.

The underlying action in Brookfield involved a lawsuit brought by Brookfield Residential (Alberta) LP against Imperial Oil Limited for soil contamination resulting from Imperial's well drilling operations on or around the property in 1949. Brookfield ultimately succeeded to the property and began its residential development plans, at which point it was discovered that the

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