Tagged summary judgment

Hryniak v. Mauldin: Which way has the #SCC swung the summary judgment pendulum?

The Ontario civil litigation bar will now be abuzz for a while with the Supreme Court of Canada’s decision in Hryniak v. Mauldin, released yesterday.  There was a clear departure from the Court of Appeal for Ontario’s 2011 decision in the decision in Combined Air Mechanical Services v. Flesch, whose “full appreciation” test has been seen in some quarters as an attempt to preserve the sanctity of the civil trial and a setback to the efficacy of the summary procedure.  The judgment of Justice Karakatsanis is steeped in the language of access to justice as the driving force for opening up summary judgment…

Inside the life of a reserved summary judgment

Some welcome editorial comments this week from Justice D. M. Brown, of the Superior Court of Ontario, in Western Larch Limited v. Di Poce Management Limited, 2012 ONSC 7014. Starting at para. 269 of the decision, the judge candidly describes the disproportionate time required to make rulings on complex summary judgment motions. In a nutshell, he takes aim at one area of judicial allocation, judgment writing time. He says the internal scheduling protocols should be updated to reflect the time needed to deal with summary judgments, which may take up little hearing time but deal with issues as complex as…