MOTION FOR SUMMARY JUDGMENT FULL

trial is not required if a summary judgment motion can achieve a fair and just adjudication if it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial. In the decision, Justice Karakatsanis stated:

MOTION FOR SUMMARY JUDGMENT FULL

It did so by ruling that courts had been too cautious in the past, holding that a judge could not obtain a full appreciation of the evidence without a trial. Mauldin, which specifically stated that the use of summary judgment motions should be better encouraged as a means to eliminate lengthy and expensive trials when possible. The use of summary judgment motions became more common after the 2014 Supreme Court decision Hryniak v.

To successfully apply for summary judgment, the defendant must be able to satisfy the court that there is no genuine issue requiring a trial. The test for a summary judgment is set out in Rule 20 of the Ontario Rules of Civil Procedure. The Requirements for Successfully Applying for a Summary Judgment A reverse summary judgment is generally granted as a result of a cross-motion by the plaintiff in response to a defendant’s motion for summary judgment, however, this is not always necessary, as demonstrated in a decision of the Ontario Court of Appeal. However, while a court may grant a summary judgment in favour of the defendant, it may also do the opposite, resulting in what has become known as a ‘reverse’, or ‘boomerang’ summary judgment in favour of the plaintiff. In cases where the defendant believes there is no legitimate issue to be tried, they can apply to have the cause of action dismissed without the need to go through a full trial. One of the most efficient ways of ending litigation is for the defendant to apply for a summary judgment.

Motion for summary judgment