What is the test for a summary judgment application in common law?
Alberta, Canada
The following excerpt is from Powder Creek Farms Ltd. v. CNH America LLC, 2013 ABQB 622 (CanLII):
Summary judgment applications present a particular challenge when new or unusual arguments are raised by a party. The common law develops over time, a process usually described as “slow and incremental ... based largely on the mechanism of extending an existing principle to new circumstances”. Sound policy reasons support this “judicial reluctance to dramatically recast established rules of law”: Watkins v. Olafson, 1989 CanLII 36 (SCC), [1989] 2 S.C.R. 750, p. 760.
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