Landmark Court Of Appeal Decision Sets New Test For Summary Judgment

Today, the Ontario Court of Appeal released a decision which makes much of that previous jurisprudence obsolete and creates a new test for determining whether a case is appropriate for summary judgment. The "full appreciation test" requires the court to first decide whether the attributes of the trial process are necessary to fully appreciate the evidence and issues and allow a fair adjudication of the case.

The decision sent the clear message to counsel and litigants in Ontario that while some cases are ideal for summary judgment, others are not. Summary judgment is a powerful tool in the right cases and an inefficient and unjust exercise in other cases. 

lang='EN'>The hallmarks of a case that requires a trial are: (1) a voluminous record, (2) a large number of witnesses, (3) different theories of liability advanced against multiple defendants, (4) numerous factual issues, (5) credibility determinations which lay at the heart of the disputes, and (6) an absence