The standard for fairness to be applied when determining whether the summary judgment process is appropriate in the circumstances is not whether the procedure is as exhaustive as trial, but whether it gives the judge confidence that he or she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute. is a proportionate, more expeditious and less expensive means to achieve a just result.allows the judge to apply the law to the facts and,.allows the judge to make the necessary findings of fact.In Hryniak, the Supreme Court of Canada held that summary judgment is appropriate if the process: 5 Summary judgment is appropriate if the court is able to reach a fair and just determination of the action on the merits. 4 Rule 20.04(2) of the Rules of Civil Procedure provides that the court shall grant summary judgment if: “the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence”. The TestĮither a plaintiff or a defendant may move for summary judgment on all or part of a claim or defence. Summary Judgment Motions: General Principles A. 3 More specifically, this blog seeks to explore and review “boomerang” and “partial” summary judgment motions, as well as to provide a brief overview on summary judgment motions in general. Since Hryniak, there has been a growing trend of appellate cases that have discussed the benefits, shortcomings, and novel uses of summary judgment motions, which are touched upon in this blog. Mauldin, 1 the Supreme Court of Canada called for a “cultural shift” in litigation that gave way to accessible, timely, and affordable justice through the use of summary judgment motions as a way to dismiss or allow actions that could be resolved in the context of a “mini-trial”. Summary judgment motions are a powerful tool in a litigator’s arsenal that in appropriate cases can help shorten the length of civil actions and avoid the forensic machinery of a trial. FAQs – Power of Attorney for Personal Care.Oppression Remedy / Shareholder Disputes.
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