The Ontario Court of Appeal recently heard a number of cases
dealing with Ontario's new summary judgement rules. In deciding
these cases, we hope the Court will provide a clear guide to the
use of the new rules.
On June 21, 2011, the Ontario Court of Appeal began the joint
hearing of a number of summary judgment appeals: Combined Air
Mechanical Services Inc. et al. v. Flesch et al.; Mauldin
et al. v. Cassels Brock & Blackwell LLP et al.; Bruno
Appliance and Furniture, Inc. v. Cassels Brock & Blackwell LLP
et al.; 394 Lakeshore Oakville Holdings Inc. v. Misek and
Purvis; and Parker et al. v. Casalese et al.
No decision has yet been rendered. This article summarizes the
facta filed by the parties to these five proceedings, as well as
various amicus curae, including The Advocates'
Society, the Attorney General of Ontario, the Ontario Bar
Association, and the Ontario Trial Lawyers Association.
