The Alberta Court Of Appeal Clarifies The Test For Summary Judgment In Alberta

The Alberta Court of Appeal (ABCA) may have lowered the standard of proof for summary judgment. This could help shorten the process to judgment for clients pursuing claims as well as assist clients bring unmeritorious claims to a more rapid conclusion.

There is only one civil standard of proof and it is proof on a balance of probabilities. According to the ABCA in Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125 [Stefanyk] this standard applies equally to an applicant seeking summary judgment. In Stefanyk, the ABCA confirmed the test for summary judgment and clarified how it should be applied by Alberta courts.

Overview

Ms. Karren Stefanyk was injured after she was startled by a dog outside of a Sobeys grocery store. Ms. Stefanyk sued the dog's owner, the landlord, and Sobeys Capital Incorporated ("Sobeys").