On February 6, 2019, the Alberta Court of Appeal released the
Weir-Jones Technical Services Incorporated v. Purolator Courier
Ltd. 2019 ABCA 49
("Weir-Jones") decision. This
decision was the result of a panel of 5 judges convened to hear two
summary judgment appeals, Weir-Jones and Brookfield
Residential (Alberta) LP v. Imperial Oil Limited, 2019 ABCA
35. It was anticipated that this decision would provide
clarification on the test for summary judgment in Alberta in light
of numerous contradictory cases regarding the appropriate burden of
proof.
The Court of Appeal upheld the Court of Queen's Bench
decision wherein the Chambers Judge granted summary dismissal to
the Defendant Purolator Courier Ltd., on the basis that the
Plaintiff, Weir-Jones Technical Services Incorporated's claim
was statute barred from bringing their claim as a result of the
Limitations Act.
