Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
Judge | Catherine Fraser,Jack Watson,Jo'Anne Strekaf,Frans Slatter,Thomas W. Wakeling |
Citation | 2019 ABCA 49 |
Court | Court of Appeal (Alberta) |
Docket Number | 1703-0218-AC |
Date | 06 February 2019 |
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329 practice notes
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...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......
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Vujicic v Estate of Leona Donna MacEachern,
...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......
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ServiceMaster of Canada Limited v. Meyer, 2019 ABCA 130
...A party with a case this strong may wish to apply for summary judgment. See Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49. See also 364661 Alberta Ltd. v. 735608 Alberta Ltd., 2010 ABCA 6, ¶ 8 (“It is arguable whether the respondent has established a clear breac......
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Agrium v Orbis Engineering Field Services,
...which it is satisfied produces a more satisfactory result”). [78] Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125 per Wakeling, J.A. See A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 57 (2012) (......
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303 cases
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...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......
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Vujicic v Estate of Leona Donna MacEachern,
...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......
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ServiceMaster of Canada Limited v. Meyer, 2019 ABCA 130
...A party with a case this strong may wish to apply for summary judgment. See Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49. See also 364661 Alberta Ltd. v. 735608 Alberta Ltd., 2010 ABCA 6, ¶ 8 (“It is arguable whether the respondent has established a clear breac......
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Agrium v Orbis Engineering Field Services,
...which it is satisfied produces a more satisfactory result”). [78] Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, ¶ 190; 442 D.L.R. 4th 9, 125 per Wakeling, J.A. See A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 57 (2012) (......
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20 firm's commentaries
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In Summary: It's Still A Balance Of Probabilities
...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 ......
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The Evolution Of The Test For Summary Judgment: Old Habits Die Hard
...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......
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Defence + Indemnity - December 2019: Case Summary: Goodvin v Penson
...(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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Case Summary: Goodvin v Penson
...(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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