How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment?
Alberta, Canada
The following excerpt is from Lutz v. Kawa, 1979 CanLII 1021 (AB QB):
The Chief Justice then goes on [at p. 587] to adopt passages from the judgment of Parker J. in Doe d. Des Barres v. White (1842), 1 Kerr 595 (Can.), who in turn adopts principles followed in United States courts that: “… there has been a great unanimity on the subject, and a general opinion of the impropriety and inexpediency of giving any constructive effect to acts which do not of themselves clearly demonstrate the intention of the party to dispossess the owner.” (The italics are mine.)
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