Litigation Comes at a Cost

Litigation is expensive in more than just monetary terms. It consumes management time, creates uncertainty, and is sometimes described as a form of trauma (for both sides!). That reality is one reason Alberta's summary judgment process has become one of the most important tools available to commercial litigants.

Summary Judgment Is No Longer Reserved for Exceptional Cases

For years, summary judgment was seen as a remedy reserved for only the clearest of cases. That approach has evolved. In Weir-Jones Technical Services Inc. v. Purolator Courier Ltd., 2019 ABCA 49, the Alberta Court of Appeal confirmed that summary judgment is available where the Court can fairly and justly resolve a dispute on the record before it, without the need for a full trial.

For businesses, the potential advantages are significant. A successful application can deliver a final result earlier than following a route that takes you to trial. Even where it does not resolve an entire action, it can narrow issues, eliminate weak claims or defences, and create meaningful settlement opportunities.

When Summary Judgment Makes Strategic Sense

That does not mean summary judgment is appropriate in every case. An application brought too early, or without a sufficiently developed evidentiary record, can increase costs and delay resolution. Like any litigation strategy, timing and preparation matter.

The question is no longer whether a case is "perfect" for summary judgment. The better question is whether a full trial is the most appropriate dispute resolution method. If the Court can fairly and justly determine the dispute on the available record, summary judgment may offer a faster and more proportionate path to a result.

Takeaway: Trials remain necessary in many cases. But Alberta courts have made it clear that they are not the automatic destination for every lawsuit. Businesses and their counsel should consider whether a fair and just result can be achieved sooner.

Craig Alcock is a commercial litigator who advises businesses on complex disputes, risk management, and efficient dispute resolution strategies focused on achieving practical outcomes.