In Bailey v Northern Alberta Institute of Technology, 2024 ABKB 563, an application to set a matter down for streamlined trial was unsuccessful.
This case is important because there are only 4 reported decisions on the availability of streamlined trials in Alberta.
Facts
The following were some of the pertinent facts summarized by the Alberta Court of King’s Bench:
- This case is a wrongful dismissal decision where the employer was arguing just cause for dismissal
- The employee Bailey worked for NAIT
- The cause allegation related to an alleged theft of a chair from work
- NAIT argued the matter was not appropriate for streamlined trial because the employee was in senior leadership, bound by a series of workplace policies, and stole for personal gain, all of which required significant evidence
- The matter appears to have advanced far enough by the time of the application for streamlined trial to be ready to set down for a conventional trial
Analysis / Conclusion
Justice Mah adopted the tests for streamlined trial articulated in the recent Arsenault and Hou decisions, which require the plaintiff to establish that streamlined trial is both necessary and proportionate.
Justice Mah denied the application because there were too many central issues which required credibility assessments, and there was already a “3 inch” documentary record. Streamlined trial was not considered necessary in this case.
The Court went on to provide some guidance on applications for streamlined trial, confirming that an affidavit is not required, and even suggesting that it is not helpful for these applications because the Court decision is based on the submissions of the parties and the pleadings.
My Take
The caselaw on streamlined trials in Alberta so far seems to make them significantly less available than summary trials had been. I think the argument could be made that they are even less available than summary judgment procedures, because with summary judgment, a party need not show that summary judgment is the only fair way to resolve a claim, just that it is fair, etc.
There only appear to be four reported cases on streamlined trials so far. The only one where it was granted was a decision where the matter had already previously been considered appropriate for summary trial.
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