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ARTICLE · 24 NOVEMBER 2020

Not So Summary: Court Of Appeal Laments Underutilization Of Summary Judgment Powers In Alberta

Norton Rose Fulbright Canada LLP
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In a recent decision, Hannam v Medicine Hat School District No. 76, the Alberta Court of Appeal reiterated that judges hearing summary judgment applications may decide contested material facts, and may hear oral evidence in order to do so.

CanadaLitigation, Mediation & Arbitration
Lara Mason
Lara Mason
Sarah Ivany
Sarah Ivany
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In a recent decision, Hannam v Medicine Hat School District No. 76, the Alberta Court of Appeal reiterated that judges hearing summary judgment applications may decide contested material facts, and may hear oral evidence in order to do so. Yet, the court lamented that Alberta courts appear to be underutilizing the enhanced summary judgment powers available to them since the release of Weir-Jones Technical Services Inc. v Purolator Courier Ltd., and observed that Alberta judges' inherent conservatism is impeding the “culture shift” toward summary judgment mandated by the Supreme Court of Canada in Hyrniak v Mauldin.

Background

Angelina Hannam, the plaintiff, commenced an action after slipping on a freshly sanded sidewalk outside her daughter's elementary school. Ms. Hannam slipped just seconds after the school custodian sanded the sidewalk. She sued the school board, alleging negligence and breach of the Occupiers Liability Act.

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