Landmark Supreme Court Decision On Summary Judgment: Hryniak V Mauldin

On January 24th, 2014, the Supreme Court released its much anticipated decision in Hryniak v Mauldin. In dismissing the appeal, the Supreme Court provided guidance on the interpretation of Ontario's recently amended summary judgment rule (Rule 20 of the Ontario Rules of Civil Procedure) and introduced a new test for summary judgment. In short, this decision will make it easier for litigants to obtain a summary judgment disposition without going to trial.

Much of the unanimous decision, written by Justice Karakatsanis, consists of commentary regarding the need for a culture shift in the Canadian legal landscape that places a premium on efficiency, affordability, and access to justice. The Supreme Court used this decision as an opportunity to reflect on the way in which summary judgment motions can be used as a tool to facilitate this culture shift. In so doing, the Supreme Court introduced significant changes to the current summary judgment regime. Some