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Court held that reliance on a conventional trial is outdated and no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