Court Provides Guidance On Summary Judgment Applications

Introduction

In Burton Canada Company v Coady ("Coady"), the Nova Scotia Court of Appeal offers helpful insights into the world of the summary judgment application, including problems to avoid, what requirements must be met, and what the proper analytical framework looks like.

In Coady, the plaintiff sued in negligence after being paralyzed while snowboarding. Both defendants, the snowboard maker and the ski resort, brought summary judgment applications on the grounds that the plaintiff could not mount a proper case for trial. The chambers judge refused to grant summary judgment. In a 4-1 decision, the NSCA upheld the chambers judge's decision because there were "material facts" in dispute.