What is the scope of a review of the evidence in the context of a motion for summary judgment?
Alberta, Canada
The following excerpt is from R. v. Houlihan, 2006 ABQB 638 (CanLII):
This review can also include whether the trial court has directed itself to all the evidence bearing on relevant issues and whether the record and the reasons for judgment disclose a lack of appreciation for relevant evidence: Harper v. The Queen (1982), 1982 CanLII 11 (SCC), 65 C.C.C. (2d) 193 (S.C.C.) at 210.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
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)
Can a claim of delay be considered relevant in the context of a motion for summary judgment? (Alberta, Canada)
What is the legal test for summary judgment or summary dismissal? (Alberta, Canada)
Can a summary judgment application be relied solely on hearsay evidence? (Alberta, Canada)
Is a stay of execution of a motion for an application for a motion to overturn a motion of appeal? (Alberta, Canada)
What is the scope of a summary judgment application? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
Is a motion for summary judgment a genuine issue requiring a trial? (Alberta, Canada)
What is the standard of review in the context of standard review on mixed fact and law? (Alberta, Canada)
