Summary

38595

Roman Catholic Bishop of the Diocese of Calgary v. Edmund Schuster, et al.

(Alberta) (Civil) (By Leave)

Keywords

Civil procedure — Summary judgment — Application of Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87 — Whether summary judgment should have been granted — When and to what extent should the common law principles of contributory negligence and/or mitigation be applied in the context of fiduciary obligations between solicitor and client?

Summary

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The Roman Catholic Bishop of the Diocese of Calgary (“Diocese”), applicant, brought an unsuccessful application for summary judgment against its lawyer, the respondent. The claim is one of breach of fiduciary duty, and it arises out of the purchase of the Diocese’s land by a developer for a condominium project. The application for summary judgment was dismissed on the basis that the evidentiary record did not allow the court to fairly adjudicate the matter. The Court of Appeal agreed and dismissed the appeal.

Lower Court Rulings

February 13, 2019
Court of Appeal of Alberta (Calgary)

1801-0161-AC, 1801-0168-AC, 2019 ABCA 64
Appeal dismissed