PROPORTIONALITY

Alberta

Proportionality as a consideration in summary judgment does not act as a bar to recovery of claims, even for small amounts of money. Rather, it is a consideration in deciding whether a fair and just determination of claims can be made on the existing record.

Condominium Corp. No. 311443 v. Goertz (2016), [2016] A.J. No. 1195, 2016 ABCA 362, 2016 CarswellAlta 2202 (Alta. C.A.) at para. 49 McDonald, Bielby and Wakeling JJ.A.)