Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432

JudgeThe Honourable Madam Justice Marina Paperny,The Honourable Mr. Justice Thomas W. Wakeling,The Honourable Madam Justice Sheila Greckol
Citation2017 ABCA 432
Docket Number1601-0113-AC
CourtCourt of Appeal (Alberta)
Date18 December 2017

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31 practice notes
  • Hannam v Medicine Hat School District No. 76,
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...denied 2017 ABQB 402 granted 2018 ABCA 125 93 Stoney Tribal Council v. Canadian Pacific Railway dismissal granted 2016 ABQB 193 granted 2017 ABCA 432 94 Templanza v. Ford dismissal granted 2018 ABQB 168 95 Terry v. Knysh judgment denied 2017 ABQB 716 96 Tesla Exploration Ltd. v. Encana Corp......
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...a ‘fair and just determination on the merits on a motion for summary judgment’”); Stoney Tribal Council v. Canadian Pacific Railway, 2017 ABCA 432, ¶ 11; [2018] 5 W.W.R. 32, 47 (“The [Hryniak v. Mauldin] test requires the court to examine the existing record to see if a disposition that is ......
  • Canada v. Witchekan Lake First Nation,
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...ViiV Healthcare at para. 24). The Court of Appeal of Alberta has made similar remarks (Stoney Tribal Council v. Canadian Pacific Railway, 2017 ABCA 432, 66 Alta. L.R. (6th) 33 at para. 77). Allowing a case to proceed to trial that could be decided by summary judgment delays the hearing of a......
  • Templanza v Ford, 2018 ABQB 168
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 7, 2018
    ...Motorsports Park) v Ostrowercha, 2015 ABCA 49 at paras 10-11, 593 AR 391). [63] In Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432 at para 12 the majority decision stressed that the threshold for summary judgment is a clear and easily applied standard, and that a judge or ma......
  • Get Started for Free
30 cases
  • Hannam v Medicine Hat School District No. 76,
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 2020
    ...denied 2017 ABQB 402 granted 2018 ABCA 125 93 Stoney Tribal Council v. Canadian Pacific Railway dismissal granted 2016 ABQB 193 granted 2017 ABCA 432 94 Templanza v. Ford dismissal granted 2018 ABQB 168 95 Terry v. Knysh judgment denied 2017 ABQB 716 96 Tesla Exploration Ltd. v. Encana Corp......
  • Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
    • Canada
    • Court of Appeal (Alberta)
    • February 6, 2019
    ...a ‘fair and just determination on the merits on a motion for summary judgment’”); Stoney Tribal Council v. Canadian Pacific Railway, 2017 ABCA 432, ¶ 11; [2018] 5 W.W.R. 32, 47 (“The [Hryniak v. Mauldin] test requires the court to examine the existing record to see if a disposition that is ......
  • Canada v. Witchekan Lake First Nation,
    • Canada
    • Court of Appeal (Canada)
    • May 17, 2023
    ...ViiV Healthcare at para. 24). The Court of Appeal of Alberta has made similar remarks (Stoney Tribal Council v. Canadian Pacific Railway, 2017 ABCA 432, 66 Alta. L.R. (6th) 33 at para. 77). Allowing a case to proceed to trial that could be decided by summary judgment delays the hearing of a......
  • Templanza v Ford, 2018 ABQB 168
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • March 7, 2018
    ...Motorsports Park) v Ostrowercha, 2015 ABCA 49 at paras 10-11, 593 AR 391). [63] In Stoney Tribal Council v Canadian Pacific Railway, 2017 ABCA 432 at para 12 the majority decision stressed that the threshold for summary judgment is a clear and easily applied standard, and that a judge or ma......
  • Get Started for Free
1 firm's commentaries
  • Alberta Court Of Appeal Clarifies The Test For Summary Judgment
    • Canada
    • Mondaq Canada
    • March 7, 2018
    ...about how the new summary judgment framework was to be applied. In the recent Stoney Tribal Council v. Canadian Pacific Railway, 2017 ABCA 432 ("Stoney"), the majority of the Alberta Court of Appeal stripped away some of the additional gloss which had been put on the summary judgment framew......