Tuesday, June 19, 2012

Standard of review for summary judgment

Scott & Associates Engineering Ltd. v. Finavera Renewables Inc., 2012 ABCA 181 is a useful source for the standard of review for summary judgment in Alberta.  While based on the Alberta Rules the point about "correctness" regarding questions of law should apply generally:

The standard of review on an appeal of a summary judgment decision is correctness on questions of law, and palpable and overriding error on questions of fact: Poliquin v Devon Canada Corporation, 2009 ABCA 216 at para 8, 454 AR 61.

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