A motion for summary judgment can be a valuable tool for
municipalities. In the right circumstances, it can lead to
decreased costs and the early resolution of a lawsuit.
A summary judgment motion is filed by one of the parties in a
lawsuit. It asks the court to render a judgment, without a
trial, based upon the evidence filed with the court. The
Supreme Court's decision in Hryniak confirms that
these motions are an important tool for the fair and efficient
administration of justice.
Certain circumstances are more appropriate for summary judgment
motions. One example is when an individual slips and falls on an
icy sidewalk. The plaintiff has an obligation to notify the
city of their claim within 10 days of the alleged incident.
If they do not notify the municipality, the plaintiff must
establish that they had a reasonable excuse for failing to put the
municipality on notice and that the municipality was not prejudiced
by their failure to do so. If these
