Posted by Graeme Maitland — filed in Litigation
Going to court these days can be a long and expensive process. Disputes can take months to even years before they are resolved in many cases and the backlog of work only adds to delays. But the Court knows this and has special mechanisms that can accelerate the process. One of those is Summary Judgment.
Summary Judgment is a way to resolve disputes without the need for a full trial. Normally, the matters in question are simple and all the evidence required is submitted by affidavit (a sworn statement of facts) rather than the need for someone to take the stand and be questioned and cross-examined.
Since the Supreme Court of Canada’s decision in Hryniak v Mauldin in 2014, courts in Alberta have been encouraged to use Summary Judgment as a tool for speeding up matters.
Determining if your case qualifies for Summary Judgment is best left to a lawyer. As mentioned, the issues are usually rather straightforward and evidence can be all brought before the court through affidavit. Situations of wrongful termination are a good example of types of cases that meet these requirements.
If you case does not qualify for Summary Judgment, don’t be discouraged. Not every case is straightforward enough to qualify for it, but that doesn’t mean there aren’t ways to expedite proceedings. One of the main tenants of the Courts in Alberta is for a timely resolution to matters, and Summary Judgment is one of several ways that matters can be moved through the court process quickly.
If you want to see if your case qualifies for summary judgment, contact a lawyer at Aarbo Fuldauer LLP in Calgary.
Address: 3rd Floor, 1131 Kensington Road NW, Calgary, AB, T2N 3P4
Phone: (403) 571-5120