What is the legal test for a summary judgment in a contractual interpretation matter?
Alberta, Canada
The following excerpt is from Excelsior Properties Ltd. v. Cosentino Developments Inc., 2011 ABQB 666 (CanLII):
[34] Contractual interpretation is a question of law: Rahall v. Tait, 2007 ABCA 221 at para. 15, 412 A.R. 56. Therefore, per Tottrup, the appropriate test for a summary judgment is whether the issue of law can fairly be decided on the record before the court. 3. Can the Issue be Resolved on the Basis of the Record?
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