Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49

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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357 practice notes
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 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......
  • Vujicic v Estate of Leona Donna MacEachern, 2022 ABCA 263
    • Canada
    • Court of Appeal (Alberta)
    • August 8, 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......
  • Glamorgan Landing Estates GP Inc. v Calgary (City),
    • Canada
    • Court of Appeal (Alberta)
    • May 7, 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......
  • Table of cases
    • Canada
    • Casebook Collection Civil Litigation Process: Cases and Materials, 9th Edition
    • May 8, 2022
    ...Inc , 2004 CanLII 14453, 69 OR (3d) 502 (CA) .................... 984 Weir-Jones Technical Services Incorporated v Purolator Courier Ltd , 2019 ABCA 49 ........ 680 West Moberly First Nations v British Columbia , 2020 BCCA 138 ........................... 276 West Van Inc v Daisley , 2014 ON......
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313 cases
  • Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
    • Canada
    • Court of Appeal (Alberta)
    • September 25, 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......
  • Vujicic v Estate of Leona Donna MacEachern,
    • Canada
    • Court of Appeal (Alberta)
    • August 8, 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......
  • ServiceMaster of Canada Limited v. Meyer, 2019 ABCA 130
    • Canada
    • Court of Appeal (Alberta)
    • April 9, 2019
    ...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......
  • Agrium v Orbis Engineering Field Services,
    • Canada
    • Court of Appeal (Alberta)
    • August 8, 2022
    ...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
  • In Summary: It's Still A Balance Of Probabilities
    • Canada
    • Mondaq Canada
    • February 15, 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
    • February 26, 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
    • December 19, 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
    • December 18, 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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