Weir-Jones Technical Services Incorporated v Purolator Courier Ltd

"...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..."

"...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..."

"...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..."

"...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..."

"...where all of the documents are under the control of one of the parties: Weir-Jones Technical Services Inc v Purolator Courier Ltd, 2019 ABCA 49 at para. 40, 86 Alta LR (6th) 39 Whether to require an affidavit of records before an application for summary judgment is a discretionary decision..."

"...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 ..."

"...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..."

"...(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..."

"...(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..."

"...a five-justice panel has confirmed the test for summary judgment in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49. The ABCA has now outlined a four-part test for summary judgment. In short, the test has reverted back to whether there is a genuine issue fo..."

"...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..."

"...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..."

"...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..."

"...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..."

"...where all of the documents are under the control of one of the parties: Weir-Jones Technical Services Inc v Purolator Courier Ltd, 2019 ABCA 49 at para. 40, 86 Alta LR (6th) 39 Whether to require an affidavit of records before an application for summary judgment is a discretionary decision..."

"...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 ..."

"...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..."

"...(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..."

"...(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..."

"...a five-justice panel has confirmed the test for summary judgment in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49. The ABCA has now outlined a four-part test for summary judgment. In short, the test has reverted back to whether there is a genuine issue fo..."