Analysis of Weir Jones and its Application in BF

Overview:

The Alberta Court of Appeal provides clarification of the test for summary judgment applications in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49 [“Weir”]. The Court of Appeal notes the rift that had emerged in case law while discussing the standard of proof that is required in a summary judgment application.[1] In particular, decisions of Can v Calgary Police Service, 2014 ABCA 322, and Stefanyk v Sobeys Capital Incorporated, 2018 ABCA 125, demonstrate the divergence in the application of the standard of proof that is required for summary judgment.[2] The Court mentioned that “it is now possible to find a quote in the case law to support virtually any view of the test to be used in summary judgment”.

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Public policy and certainty in insurance coverage: Court of Appeal upholds certainty of terms in Funk v. Wawanesa Mutual Insurance Company

A recent decision of the Court of Appeal of Alberta, Funk v. Wawanesa Mutual Insurance Company, 2018 ABCA 200, has restored certainty for both insurers and insureds in the scope of coverage under standard form automobile insurance policies. Dentons Canada LLP represented Wawanesa in this case. This note is based solely on facts in the public record of the Court.

Facts and the lower court decision

This decision arose out of an action on a SEF 44 Family Protection Endorsement (SEF 44). The Plaintiff, Mr. Funk, was injured in a single-vehicle rollover accident. While driving on a road at night, Mr.

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