Alberta Court Of Appeal Restates The Test For Summary Judgment

On February 6, 2019, a five-justice panel of the Alberta Court of Appeal (Court) issued its eagerly awaited decision in Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (Weir-Jones). The Court restated the test for summary judgment in Alberta, providing much needed certainty to litigants seeking a proportionate and timely end to disputes.

BACKGROUND

The Alberta Court of Appeal has recently issued contradictory decisions regarding the test for summary judgment. Specifically, a rift emerged in the jurisprudence of the Court regarding the standard of proof that must be met by the party moving for summary judgment.

Some cases previously held that a moving party must demonstrate an "unassailable" position to obtain summary judgment while others cited the requirement to establish a civil standard of proof on the balance of probabilities.