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.
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