What is the test for summary judgment in a personal injury case?

Alberta, Canada


The following excerpt is from Warkentin v. Klein, 2008 ABQB 33 (CanLII):

If a 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 a decision. Where, however, the facts are clear and undisputed, as they are here, the ultimate outcome of the case may depend on the interpretation of some statute or document, or some other issue of law that arises from the 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.(See Tottrup v. Clearwater (Municipal District #99) A.J. 1532, paras. 11 and 12.)

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