Rotzang v. CIBC World Markets Inc., 2018 ABCA 153
| Judge | The Honourable Mr. Justice Ronald Berger,The Honourable Mr. Justice Brian O’Ferrall,The Honourable Mr. Justice Thomas W. Wakeling |
| Citation | 2018 ABCA 153 |
| Docket Number | 1701-0194-AC |
| Court | Court of Appeal (Alberta) |
| Date | 25 April 2018 |
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29 practice notes
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...nonmoving party’s likelihood of success is very low’. This is an onerous standard and rightly so”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (“Summary dismissal is appropriate ‘if the moving party’s position is unassailable or so compelling that its li......
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...nonmoving party’s likelihood of success is very low’. This is an onerous standard and rightly so”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (Berger, O’Ferrall & Wakeling, JJ.A.) (“Summary dismissal is appropriate ‘if the moving party’s position is......
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Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
...standard of review of an appeal from a master is correctness”); Rotzang v CIBC World Markets Inc, 2017 ABQB 354, Hunt-McDonald J, affd 2018 ABCA 153 at para 61(QB); Poff v Great Northern Data Supplies (AB) Ltd, 2015 ABQB 173; P Burns Resources Limited v Honourable Patrick Burns Memorial Tru......
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Lay v Lay, 2019 ABCA 21
...its likelihood of success is very high and the nonmoving party’s likelihood of success is very low”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (“Summary dismissal is appropriate ‘if the moving party’s position is... so compelling that its likelihood of......
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26 cases
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...nonmoving party’s likelihood of success is very low’. This is an onerous standard and rightly so”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (“Summary dismissal is appropriate ‘if the moving party’s position is unassailable or so compelling that its li......
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...nonmoving party’s likelihood of success is very low’. This is an onerous standard and rightly so”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (Berger, O’Ferrall & Wakeling, JJ.A.) (“Summary dismissal is appropriate ‘if the moving party’s position is......
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Clark Builders and Stantec Consulting Ltd v GO Community Centre, 2019 ABQB 706
...standard of review of an appeal from a master is correctness”); Rotzang v CIBC World Markets Inc, 2017 ABQB 354, Hunt-McDonald J, affd 2018 ABCA 153 at para 61(QB); Poff v Great Northern Data Supplies (AB) Ltd, 2015 ABQB 173; P Burns Resources Limited v Honourable Patrick Burns Memorial Tru......
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Lay v Lay, 2019 ABCA 21
...its likelihood of success is very high and the nonmoving party’s likelihood of success is very low”); Rotzang v. CIBC World Markets Inc., 2018 ABCA 153, ¶ 15; 17 C.P.C. 8th 252, 255 (“Summary dismissal is appropriate ‘if the moving party’s position is... so compelling that its likelihood of......
Request a trial to view additional results
3 firm's commentaries
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Summary Judgment Confusion In Alberta
...added to this already unpredictable landscape: Stefanyk v. Sobeys Capital Inc., 2018 ABCA 125 [Sobeys]; Rotzang v CIBC World Markets Inc, 2018 ABCA 153 [Rotzang]; and Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204 Hryniak, Sobeys, Rotzang and Whissell are all clear that the firs......
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The Evolution Of The Test For Summary Judgment: Old Habits Die Hard
...a balance of probabilities. A months later, a different panel of the Alberta Court of Appeal stated in Rotzang v CIBC World Markets Inc., 2018 ABCA 153, the test required the moving party to demonstrate its case had a "high likelihood of success" and was "unassailable" which harkened back t......
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The Court Clarifies The 'Unassailable' Standard For Summary Judgment In O'Chiese Energy Limited Partnership V Bellatrix Exploration Ltd.
...Court of Appeal applied the balance of probabilities standard of proof. In the subsequent decisions of Rotzang v CIBC World Markets Inc, 2018 ABCA 153, and Whissell Contracting Ltd v Calgary (City), 2018 ABCA 204, the Court of Appeal stated that for summary judgment, the moving party's posi......