What is the legal test for a summary judgment application in chambers?

A court hearing a summary judgment application in chambers, even if it is a special chambers application, does not have the benefit of hearing testimony. It must rely on the affidavits the parties present, the transcripts of any questioning and counsels’ arguments. If there are conflicting theories or facts, a judge in chambers should not grant summary judgment. In De Shazo v. Nations Energy Co, 2005 ABCA 241 at para 17, 367 AR 267, the court said: The test to be applied on a summary judgment application is whether it is plain and obvious that the action cannot succeed. To justify deciding the matter without a trial the pleadings and evidence on the motion must show that the claim has no reasonable prospect of success ... Summary judgment should not be granted if opposing affidavits clash on relevant facts ... The chambers judge should not assess the quality and weight of the evidence; that is a function reserved for a trial judge ... [Citations omitted, emphasis added.]