Summary Judgment Motions: Navigating Their Increased Use In Wrongful Dismissal Claims

Recently, employers responding to wrongful dismissal litigation may have noticed a trend of plaintiffs seeking to resolve matters quickly by bringing motions for summary judgment. This is likely driven by the Supreme Court of Canada's direction in Hryniak v Mauldin that there was to be a cultural shift in civil litigation and that not all cases require a trial to be resolved fairly and in the interest of justice. The Supreme Court of Canada suggested that summary judgment motions could be used to expedite cases.

Unfortunately, for many employers, summary judgment isn't always the preferred method to resolve a wrongful dismissal claim. On a summary judgment motion each party is required to put before the court complete and compelling evidence to support or oppose the motion. This requires affidavits to be drafted, revised and sworn by the parties and any key witnesses. These affidavits avoid witnesses having to provide direct evidence, although lawyers