What is the test for a summary judgment application?

Alberta, Canada


The following excerpt is from Bjornson v. Gabel, 2010 ABQB 649 (CanLII):

In Tottrup v. Clearwater (Municipal District No. 99) 2006 ABCA 380 the court discussed the nature of summary judgment applications at paragraph 11: There are, however, other types of summary judgment applications. In some cases the facts are clear and undisputed. The ultimate outcome of the case may depend on the interpretation of some statute or document, or on some other issue of law that arises from undisputed facts. In such cases the test for summary judgment is not whether the issue of law is “beyond doubt”, but whether the issue of law can fairly be decided on the record before the court. If the legal issue is unsettled or complex or intertwined with the facts, it is sometimes necessary to have a full trial to provide a proper foundation for the decision. In other cases it is possible to decide the question of law summarily... Preliminary Issue

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