What is the test for summary judgment in a civil case?

Alberta, Canada


The following excerpt is from Dunlop v. Paras, 2010 ABQB 189 (CanLII):

In Tottrup v. Clearwater No. 99 (Municipal District), 2006 ABCA 380, 401 A.R. 888, Justice Slatter stated at para. 11: 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...

Other Questions


What is the relevant case law on summary conviction and summary conviction? (Alberta, Canada)
What is the case law on case-by-case privilege? (Alberta, Canada)
What is the test for summary judgment in a case that definitely involves Rylands v Fletcher principles? (Alberta, Canada)
What is the test for summary judgment in a motor vehicle accident case? (Alberta, Canada)
What is the test for summary judgment in a personal injury case? (Alberta, Canada)
What is the legal test for summary judgment or summary dismissal? (Alberta, Canada)
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
Can a summary judgment be granted in a case involving two separate actions? (Alberta, Canada)
In what circumstances will a court grant summary judgment in a personal injury action? (Alberta, Canada)
What is the standard of proof for an allegation of accord and satisfaction in a civil case? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.