Hryniak V Mauldin, 2014 SCC 7 (Rule 20 – Summary Judgment)

Judgment Released: January 23, 2014   Link to Judgment

The Supreme Court has released its decision interpreting Ontario's new summary judgment rule. The Court has expanded the scope of Rule 20 motions, holding that "summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims." Summary judgment motions are now seen as a "significant alternative model of adjudication."

The unanimous decision dismissing the appeal abandoned the "full appreciation test" endorsed by the Court of Appeal in Combined Air Mechanical Services Inc v Flesch (summarized on this blog here) as not according with the underlying purpose of the new RuIes, which is promoting access to justice and proportionality of proceedings.