Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,

JudgeCatherine Fraser,Jack Watson,Jo'Anne Strekaf,Frans Slatter,Thomas W. Wakeling
Citation2019 ABCA 49
Docket Number1703-0218-AC
CourtCourt of Appeal (Alberta)
Date06 February 2019
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378 practice notes
  • Vujicic v Estate of Leona Donna MacEachern, 2022 ABCA 263
    • Canada
    • Court of Appeal (Alberta)
    • 8 Agosto 2022
    ...be adhered to despite any inconsistencies short of absurdity”); Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125 per Wakeling, J.A. (“Purpose does not trump text”); Ursa Ventures Ltd. v. City of Edmonton, 2016......
  • Hannam v Medicine Hat School District No. 76,
    • Canada
    • Court of Appeal (Alberta)
    • 25 Septiembre 2020
    ...that the evidence did not permit that conclusion. [238] I take from Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 the proposition that if the defendant is the moving party, it must prove that there is no merit to the plaintiff’s claim. The plaintiff need n......
  • Wesley v Alberta,
    • Canada
    • Court of Appeal (Alberta)
    • 23 Agosto 2024
    ...statute. These are questions of law reviewed for correctness: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 at para 10. The interpretation of historic Crown-Indigenous treaties is reviewed for correctness: Ontario (Attorney General) v Restoule, 2024 SCC 27......
  • Glamorgan Landing Estates GP Inc. v Calgary (City),
    • Canada
    • Court of Appeal (Alberta)
    • 7 Mayo 2024
    ...2022 ABCA 263, ¶ 70; 26 C.C.L.I. 6th 182, 224 per Wakeling, J.A. See Weir- Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125-26 per Wakeling, J.A. (“Purpose does not trump text. Courts that are oblivious to this fundamental tenet of our lega......
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356 cases
  • Vujicic v Estate of Leona Donna MacEachern, 2022 ABCA 263
    • Canada
    • Court of Appeal (Alberta)
    • 8 Agosto 2022
    ...be adhered to despite any inconsistencies short of absurdity”); Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125 per Wakeling, J.A. (“Purpose does not trump text”); Ursa Ventures Ltd. v. City of Edmonton, 2016......
  • Hannam v Medicine Hat School District No. 76,
    • Canada
    • Court of Appeal (Alberta)
    • 25 Septiembre 2020
    ...that the evidence did not permit that conclusion. [238] I take from Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 the proposition that if the defendant is the moving party, it must prove that there is no merit to the plaintiff’s claim. The plaintiff need n......
  • Wesley v Alberta,
    • Canada
    • Court of Appeal (Alberta)
    • 23 Agosto 2024
    ...statute. These are questions of law reviewed for correctness: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 at para 10. The interpretation of historic Crown-Indigenous treaties is reviewed for correctness: Ontario (Attorney General) v Restoule, 2024 SCC 27......
  • Glamorgan Landing Estates GP Inc. v Calgary (City),
    • Canada
    • Court of Appeal (Alberta)
    • 7 Mayo 2024
    ...2022 ABCA 263, ¶ 70; 26 C.C.L.I. 6th 182, 224 per Wakeling, J.A. See Weir- Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125-26 per Wakeling, J.A. (“Purpose does not trump text. Courts that are oblivious to this fundamental tenet of our lega......
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20 firm's commentaries
  • In Summary: It's Still A Balance Of Probabilities
    • Canada
    • Mondaq Canada
    • 15 Febrero 2019
    ...February 6, 2019, the Alberta Court of Appeal released the Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. 2019 ABCA 49 ("Weir-Jones") decision. This decision was the result of a panel of 5 judges convened to hear two summary judgment appeals, Weir-Jones and Brookfield ......
  • The Evolution Of The Test For Summary Judgment: Old Habits Die Hard
    • Canada
    • Mondaq Canada
    • 26 Febrero 2019
    ...6, 2019, the Alberta Court of Appeal did just this when it decided Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49 and provided a reconciliation of the competing tests. The Court indicated the moving party must first prove the facts on a balance of probabil......
  • Defence + Indemnity - December 2019: Case Summary: Goodvin v Penson
    • Canada
    • JD Supra Canada
    • 19 Diciembre 2019
    ...(2007), 2007 CarswellOnt 1699 (Ont. S.C.J.) and Weir-Jones Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (2019), 2019 ABCA 49, 201, where summary dismissal against the parents for the antics of their children on their property were dismissed were distinguishable, havi......
  • Case Summary: Goodvin v Penson
    • Canada
    • Mondaq Canada
    • 18 Diciembre 2019
    ...(2007), 2007 CarswellOnt 1699 (Ont. S.C.J.) and Weir-Jones Weir-Jones Technical Services Incorporated v. Purolator Courier Ltd. (2019), 2019 ABCA 49, 201, where summary dismissal against the parents for the antics of their children on their property were dismissed were distinguishable, havi......
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