Summary Judgment: Come One, Come All

This article by Sarit Batner, Moya Graham and Brandon Kain may be of interest to readers of this blog:

Summary Judgment: Come One, Come All

The Supreme Court of Canada released two decisions today that will make summary judgment more widely available to parties. The reasons in Hryniak v. Mauldin, 2014 SCC 7 and Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8 signal a cultural shift in which summary judgment will be available whenever it involves less time and expense than a trial, provided it enables the motion judge to reach a fair and just determination on the merits. In effect, the “full appreciation” test formulated by the Ontario Court of Appeal has been replaced with a sufficient appreciation test, which grants judges wide discretion to use dispositive fact-finding powers to grant summary judgment in all but exceptional cases. Read more.

Our partner Sarit Batner was counsel on this important appeal. Please contact her at [email protected] or 416-601-7756 if you wish to discuss.

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