Posted by Darryl Aarbo — filed in Rule of Law
In 2014 the Supreme Court of Canada significantly changed the test for Summary Judgment / Summary Dismissal in Canada. Hryniak v. Mauldin, 2014 SCC 7.
“…a 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.”
The old test was whether is was “plain and obvious”.
The Rules governing summary judgment/dismissal are now to be interpreted broadly, not strictly.
This is a pretty big change. The SCC now wants people to bring such application for early disposition of a matter to avoid a trial. This will require using other Rules, such as Demand for Particulars and Notice to Admit to establish a sufficient “record” to bring the application, also cross examinations.
Darryl A. Aarbo