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ARTICLE · 18 NOVEMBER 2020

Weir In Agreement: Alberta Court Of Appeal Confirms Summary Rule

In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 ("Hannam"), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones.

CanadaLitigation, Mediation & Arbitration

In  Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (“Hannam”), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decision as the Alberta Court of Appeal provides guidance on how to apply the previously set out Weir-Jones test while also providing an in-depth analysis to encourage the use of summary judgement. 

Further, Hannam  builds on Hryniak v Mauldin, 2014 SCC 7 (“Hyrniak”) in which the Supreme Court of Canada encourages a “shift in culture” of litigation and dispute resolution. The Supreme Court held that reliance on a conventional trial is outdated and no longer reflects our reality. This is especially true in 2020 due to the COVID-19 pandemic, which has limited the Court's ability to hold in-person hearings more than ever before. As indicated in Hyrniak, procedures should be proportionate, timely, and affordable. Therefore, the Supreme Court

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