ARTICLE · 20 MARCH 2018

Summary Dismissal Unsuccessful When Respondent Has Expert Evidence

CLC (Canadian Litigation Counsel)

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In Bundschuh v. MacDonald Development Corporation, 2018 ABQB 188, Master Mason dismissed a summary dismissal application brought by one of the defendants because the plaintiffs served a Standard of Care Report raising a triable issue.

CanadaReal Estate and Construction

Nabeel Peermohamed (Brownlee LLP)

In Bundschuh v. MacDonald Development Corporation, 2018 ABQB 188, Master Mason dismissed a summary dismissal application brought by one of the defendants because the plaintiffs served a Standard of Care Report raising a triable issue. In Bundschuh, the plaintiff alleges she slipped and fell five years ago on snow and ice on a pathway in her neighbourhood. Several defendants were named including the developer, the property manager, the municipality, the home owners association and the maintenance contractor. The maintenance contractor was responsible for the maintenance of the pathway, and as a result of maintaining that pathway clear of snow and ice, they applied for summary dismissal of the claim against them.

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