Whissell Contracting Ltd. v Calgary (City), 2018 ABCA 204
| Judge | The Honourable Mr. Justice Brian O’Ferrall,The Honourable Mr. Justice Thomas W. Wakeling,The Honourable Madam Justice Frederica Schutz |
| Citation | 2018 ABCA 204 |
| Docket Number | 1701-0325-AC |
| Court | Court of Appeal (Alberta) |
| Date | 25 May 2018 |
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37 practice notes
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...of success is very high and the nonmoving party’s likelihood of success very low?’”); Whissell Contracting Ltd. v. City of Calgary, 2018 ABCA 204, ¶ 2; 20 C.P.C. 8 th 43, 46-47 (“Summary judgment may be appropriate ‘if the moving party’s position is unassailable or so compelling that its l......
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...dismissal denied unreported denied 2018 ABQB 1014 103 Whissell Contracting Ltd. v. Calgary (City) judgment denied 2017 ABQB 644 denied 2018 ABCA 204 104 Woitas v. Tremblay dismissal granted 2018 ABQB 588 105 Yuill v. Workers’ Compensation Appeals Comm’n dismissal granted 2017 ABQB 523 Sched......
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Lay v Lay, 2019 ABCA 21
...of success is very high and the nonmoving party’s likelihood of success very low?’”); Whissell Contracting Ltd. v. City of Calgary, 2018 ABCA 204, ¶ 2; 20 C.P.C. 8th 43, 46-47 (“Summary judgment may be appropriate ‘if the moving party’s position is ... so compelling that its likelihood of s......
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Coffey v Nine Energy Canada Inc, 2018 ABQB 898
...of proof in Rotzang v CIBC World Markets Inc, 2018 ABCA 153 (Alta. C.A.) at para 15, and Whissell Contracting Ltd v Calgary (City), 2018 ABCA 204 (Alta. C.A.) at paras 2 & [19] The Court of Appeal convened a five justice panel and on September 7, 2018 heard two appeals to determine this......
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31 cases
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Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49
...of success is very high and the nonmoving party’s likelihood of success very low?’”); Whissell Contracting Ltd. v. City of Calgary, 2018 ABCA 204, ¶ 2; 20 C.P.C. 8 th 43, 46-47 (“Summary judgment may be appropriate ‘if the moving party’s position is unassailable or so compelling that its l......
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Hannam v Medicine Hat School District No. 76, 2020 ABCA 343
...dismissal denied unreported denied 2018 ABQB 1014 103 Whissell Contracting Ltd. v. Calgary (City) judgment denied 2017 ABQB 644 denied 2018 ABCA 204 104 Woitas v. Tremblay dismissal granted 2018 ABQB 588 105 Yuill v. Workers’ Compensation Appeals Comm’n dismissal granted 2017 ABQB 523 Sched......
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Lay v Lay, 2019 ABCA 21
...of success is very high and the nonmoving party’s likelihood of success very low?’”); Whissell Contracting Ltd. v. City of Calgary, 2018 ABCA 204, ¶ 2; 20 C.P.C. 8th 43, 46-47 (“Summary judgment may be appropriate ‘if the moving party’s position is ... so compelling that its likelihood of s......
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Coffey v Nine Energy Canada Inc, 2018 ABQB 898
...of proof in Rotzang v CIBC World Markets Inc, 2018 ABCA 153 (Alta. C.A.) at para 15, and Whissell Contracting Ltd v Calgary (City), 2018 ABCA 204 (Alta. C.A.) at paras 2 & [19] The Court of Appeal convened a five justice panel and on September 7, 2018 heard two appeals to determine this......
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6 firm's commentaries
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Summary Judgment Confusion In Alberta
...Inc., 2018 ABCA 125 [Sobeys]; Rotzang v CIBC World Markets Inc, 2018 ABCA 153 [Rotzang]; and Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204 Hryniak, Sobeys, Rotzang and Whissell are all clear that the first issue to be considered on any summary judgment application is whether or......
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The Evolution Of The Test For Summary Judgment: Old Habits Die Hard
...division amongst the Court of Appeal over which standard should be applied. On May 25, 2018, Whissell Contracting Ltd. v Calgary (City), 2018 ABCA 204, followed Rotzang finding that "unassailable" and "high likelihood of success" was still the test for summary judgment. However, Madam Justi......
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Summary Judgment: A Tale Of Two Tests
...panel from the Alberta Court of Appeal recently issued their split decision in Whissell Contracting Ltd. v. Calgary (City), 2018 ABCA 204, on May 25, 2018. In that decision, the Court said summary judgment may be appropriate, "if the moving party's position is unassailable or so compelling ......
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Case Summary: Green v Khattab
...meaning that gaps in the record do not necessarily prevent summary disposition . . . b. Whissell Contracting Ltd v Calgary (City), 2018 ABCA 204 held that "[s]ummary judgment may be appropriate 'if the moving party's position is unassailable or so compelling that its likelihood of success i......
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