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ARTICLE · 15 JULY 2025

When To Use Partial Summary Judgment In Commercial Litigation: A Strategic Tool For Narrowing Claims And Saving Time—if Used Wisely

Miller Thomson
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Partial summary judgment can be a useful instrument in a lawyer's procedural toolbox for narrowing the scope of litigation by weeding out unmeritorious issues within a claim at an early stage.

CanadaLitigation, Mediation & Arbitration
Haley E. Edmonds
Haley E. Edmonds
Marlee Chrystian
Marlee Chrystian
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Partial summary judgment can be a useful instrument in a lawyer's procedural toolbox for narrowing the scope of litigation by weeding out unmeritorious issues within a claim at an early stage. It can reduce costs, clarify legal issues, and help parties avoid trial on claims that are unlikely to succeed. However, in order to effectively utilize partial summary judgment, it is important to understand the limits surrounding when this procedural tool may be appropriate.

What is partial summary judgment?

Partial summary judgment is a motion asking the court to decide part—but not all—of a case without going to trial. It is governed by Rule 7.3 of the Alberta Rules of Court.1

Rule 7.3 of the Rules grants courts the jurisdiction to grant summary judgment "in respect of all or part of a claim" where, in relation to either all or part of a claim, there is:

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