Overview

Kledo Construction Ltd. sought summary judgment against Tallahassee Exploration Inc. concerning multiple service contracts in a construction dispute. The case involved various services from road construction to equipment rental in Alberta. Despite notification, Tallahassee did not appear in court or respond with evidence.

Legal Arguments/Issues

Kledo argued for summary judgment due to the absence of a genuine issue needing a trial, based on unresponded claims and unchallenged evidence. Tallahassee had previously raised a jurisdictional defense, citing a forum selection clause favoring Alberta, yet failed to actively pursue this argument or provide counter-evidence.

Decision and Procedural Directions

The court, led by Associate Judge Robertson, concluded that Tallahassee's defenses were bound to fail as they lacked substantiation and evidence. The jurisdictional defense was dismissed because Tallahassee did not take procedural steps to enforce the forum selection clause, which the court found to be more strategic than substantively grounded.

Costs and Awards

The judgment did not detail the specific costs or awards but granted Kledo's application for summary judgment due to the absence of triable issues and lack of defense evidence.

This summary encapsulates the court's reasoning and ruling, highlighting the dismissal of procedural and substantive defenses due to insufficient action and evidence from the defendant.