Weir-Jones Technical Services Incorporated v Purolator Courier Ltd,
| Judge | Catherine Fraser,Jack Watson,Jo'Anne Strekaf,Frans Slatter,Thomas W. Wakeling |
| Citation | 2019 ABCA 49 |
| Docket Number | 1703-0218-AC |
| Court | Court of Appeal (Alberta) |
| Date | 06 February 2019 |
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427 practice notes
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Hannam v Medicine Hat School District No. 76,
...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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Glamorgan Landing Estates GP Inc. v Calgary (City),
...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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Vujicic v Estate of Leona Donna MacEachern, 2022 ABCA 263
...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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Wesley v Alberta,
...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......
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413 cases
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Vujicic v Estate of Leona Donna MacEachern, 2022 ABCA 263
...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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Hannam v Medicine Hat School District No. 76,
...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,
...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),
...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
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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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