Summary Dismissal Denied: ABCA Upholds Need For Full Trial In Construction Hazard Case

Trotter and Morton Limited v Biegel,2024 ABCA 312 is a case of interest with respect to what factual issues can be dealt with on summary judgment versus what requires a trial.

The respondent had a serious bicycle accident. At the time of the accident, the appellants were the contractors doing construction work. The respondent alleged that loose gravel from the construction site created a hazard causing the accident.

The appellants applied for summary dismissal of the claim arguing that the respondent would be unable to establish that the alleged loose gravel and divots from the construction site created a hazard that caused the accident. The appellants relied on questioning responses given by the respondent where she indicated that she had not seen gravel or divots prior to falling and that her understanding that her bicycle hit divots and gravel was "because of the injury" that resulted from the accident.