Jason Development Corp. and Brookdale Investments Ltd. v. Robertoria Properties Ltd., (1980) 42 A.R. 369 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 01, 1980
• Citations: (1980), 42 A.R. 369 (QBM)

Jason Dev. Corp. v. Robertoria Prop. (1980), 42 A.R. 369 (QBM)

MLB headnote and full text

Jason Development Corporation Ltd. and Brookdale Investments Ltd. v. Robertoria Properties Ltd.

(Nos. 8003 27859; 8003 27860)

Indexed As: Jason Development Corp. and Brookdale Investments Ltd. v. Robertoria Properties Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

December, 1980.

Summary:

A vendor brought an action for specific performance of two agreements for sale of land. The vendor applied for summary judgment, seeking two orders nisi for the sale of the land. The purchaser submitted no affidavit or evidence to oppose the application. The Alberta Court of Queen's Bench dismissed the application because the evidence submitted by the vendor disclosed a good defence on the merits.

Practice - Topic 5710

Judgments and orders - Summary judgments - Evidence and proof - On an application for summary judgment the respondent did not submit any evidence or affidavit in opposition to the application - It relied solely on the applicant's evidence to prove it had a good defence on the merits - A Master of the Alberta Court of Queen's Bench, in dismissing the application, held that the respondent could establish a good defence on the merits solely on the evidence submitted by the applicant - See paragraphs 2 to 3.

Cases Noticed:

Advance Rumely Thresher Co. v. LaClair, [1917] 1 W.W.R. 875 (Alta. C.A.), ref'd to. [para. 3].

Heritage Savings & Trust Co. v. Harke (1978), 14 A.R. 86 (Alta. C.A.), dist. [para. 4].

Pacific Western Airlines Ltd. v. Gauthier (1977), 2 A.R. 166; 2 Alta. L.R.(2d) 52 (C.A.), ref'd to. [para. 6].

Statutes Noticed:

Rules of Court (Alta.), rule 159(2) [para. 3].

Counsel:

J. Vaage, for the plaintiff;

G. Akers, for the defendant.

This case was heard at Edmonton, Alberta, before FUNDUK, MASTER IN CHAMBERS, of the Alberta Court of Queen's Bench, who delivered the following judgment in December 1980.