Much was made in the legal community of the Supreme Court's
ruling on summary judgment that came out in January of this
year. We wrote about it here at the time, and the focus of that
article was on whether or not this would make summary judgment
motions - a procedure used during civil litigation to dispose of a
case without a trial or the pre-trial processes such as
examinations for discovery and production of documents – more
accessible.
While the consensus in the legal community seems to be that this
is in fact starting to bear out, with respect to employment law we
always think that there are enough complicating issues to defeat
such a motion when brought by the plaintiff: while there are
times that employers may wish to use this procedure as well, in
this case we are talking about situations where, generally, the
employer wants to avoid having the Court make a quick judgment
against them before the assessed notice period has run its
course. However, the
