Farm Credit Canada v Jasper: Why Procedure Matters in Summary Judgment Applications

The Background: A Loan Dispute and a Push for Summary Judgment

Farm Credit Canada (“FCC”) commenced an action in October of 2024, alleging that Mr. Jasper had defaulted on loan obligations and sought judgment of approximately $302,000.00, plus interest. Following the exchange of pleadings and completion of mandatory mediation, FCC applied for summary judgment in March of 2026. The parties attempted to advance the summary judgment application by submitting a proposed consent order that would have effectively fast-tracked the scheduling of the summary judgment hearing.

The Saskatchewan Court of King’s Bench rejected the proposed consent order. Notably, the Honourable Justice D.N. Robertson observed that such orders are not uncommon and used the opportunity to clarify the proper procedure to be used in summary judgment applications and the rationale underlying it.

The Two Stage Summary Judgment Process

Justice Robertson emphasized that, under GAPD9, summary judgement applications must follow a mandatory two stage process:

1. First Stage: Readiness Review

At this stage, a chambers judge assesses whether the summary judgment application is procedurally ready to proceed. This includes confirming that:

1. Affidavit evidence has been exchanged;
2. Documentary disclosure is complete or sufficiently advanced;
3. Questioning (if any) has been completed or appropriately addressed; and
4. Legal submissions are filed or near completion.

This step ensures that the evidentiary record is sufficiently developed to allow for a fair and efficient determination.

2. Second Stage: Hearing (Merits Hearing)

Only after the Court is satisfied that the matter is procedurally ready will it schedule a hearing to decide the summary judgment application on its merits.

Application in Farm Credit Canada v Jasper

The effect of the proposed consent order would result in bypassing the first stage of the summary judgment process. Justice Robertson held that this approach was inconsistent with GAPD9 and undermined the purpose of the summary judgment process. The structured, two-stage procedure exists to ensure fairness, efficiency, and a complete record before adjudication.

Farm Credit Canada v Jasper highlights the importance of adherence to the procedural framework governing summary judgment applications. In practice, this means ensuring that the evidentiary record is complete and that the summary judgment application is truly ready before seeking to have it moved to a hearing. While efficiency remains a key objective, it must be achieved within the structure mandated by the Court.