Defendants sometimes bring summary judgment motions seeking to
dismiss an action because it is statute barred. If the motion is
successful, the action is dismissed, and the order is final.
When the motion for summary judgment is dismissed, what does
that mean in so far as the limitation period is concerned. Does it
mean there is a genuine issue for trial? Does it mean the
limitation period defence has been finally determined, preventing
the defendant from raising it again at trial? What happens if the
order is silent on this point?
The Ontario Court of Appeal recently considered these questions
in the case of 1819472 Ontario Corp v John Barrett General
Contractors Limited, 2024 ONCA 333 (“9472
Case”). The answer to these questions depend on the
grounds for the motion and the reasons of the motion judge,
particularly when the motion judge does not make an explicit
finding that there is a genuine issue for trial or that the issue
is being determined under Rule
