Can a summary judgment be granted against two opposing Affidavits?
Alberta, Canada
The following excerpt is from Kumra v. Luthra, 2010 ABQB 772 (CanLII):
Summary judgment would not ordinarily be granted if opposing Affidavits clash on relevant facts: Shuchuk v. Wolfert, 2003 ABCA 109 at paragraph 10. Weighing the quality of the evidence is a function reserved for a trial judge.
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