Can a summary judgment be granted in a case involving two separate actions?
Alberta, Canada
The following excerpt is from P.D.Y. Management Services Ltd. v. MacMullin, 2010 ABQB 173 (CanLII):
Many issues of fact are raised in the pleadings in both Actions. As stated by Slatter, J.A. in Tottrup v. Clearwater (Municipal District No. 99), [2006] A.J. No. 1532, 2006 ABCA 380 at para. 10: ... If the record raises genuine factual or credibility issues ... then summary judgment generally cannot be granted. That statement of the law, which is binding upon me, is clearly applicable in this case.
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