Summary judgment motions are brought to determine issues on
proceedings without the cost and delay of a full trial. The
issuance of the Supreme Court of Canada's decision in
Hryniak v. Mauldin, 2014 SCC 7, has provided guidance in
how such motions are to be conducted. Its message is clear: there
needs to be an increased focus on proportionality in civil
litigation, and summary judgment motions are to be used to further
that aim.
Rule 20, the rule that permits summary judgment motions, was
amended in 2010. Early decisions of the Superior Court of Justice
after the amendment applied the new powers expansively. However, in
December 2011, the Ontario Court of Appeal released its first
decision on the interpretation of the amended Rule 20, and set the
tone for its application for the next two years. That decision,
which was actually one decision released for five appeals heard
together, was Combined Air Mechanical Services Inc. v.
Flesch, 2011 ONCA 764.
