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ARTICLE · 25 FEBRUARY 2025

Plaintiff Obtains Summary Judgment Against Former Lawyers (Longarini v. Llyod)

Gardiner Roberts LLP
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Motions for summary judgment are often ill-suited for disputes where there are contested issues involving credibility and material facts. However, under Rules 20.04(2.1) and (2.2) of the Ontario Rules of Civil Procedure...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Motions for summary judgment are often ill-suited for disputes where there are contested issues involving credibility and material facts. However, under Rules 20.04(2.1) and (2.2) of the Ontario Rules of Civil Procedure, a motion judge can determine if the need for a trial can be avoided by weighing the evidence, evaluating the credibility of a deponent, or drawing any reasonable inference from the evidence. The motion judge may use those powers, at their discretion, to reach a conclusion that they see to be in the interest of justice, as demonstrated by the decision in Longarini v. Llyod, 2025 ONSC 974 (CanLII).

The plaintiff in the case was a 50 percent shareholder in a company which operated legal cannabis dispensaries. She had been embroiled in a dispute with the other 50 percent shareholder which resulted in litigation, including an application under the Ontario Business Corporations Act (OBCA), a defamation action, and a Human Rights Tribunal application. The

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