What is the test to apply in an application for summary judgment?
Alberta, Canada
The following excerpt is from Deerland Farm Equipment (1985) Ltd. v. 626343 Alberta Ltd., 2003 ABQB 1027 (CanLII):
The test to be applied in an application for summary judgment has been stated in various ways by numerous courts including our Court of Appeal. One of the ways of stating the test is found in German v. Major et al, (1985) 30 Alta.L.R. (2d) 270 as whether “it is plain and obvious that the action cannot succeed.” It is obvious from the quote that it was the defendant applying for summary judgment.
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