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ARTICLE · 07 MARCH 2017

Summary Judgment Motion In Actions For Wrongful Dismissal Started Under The Simplified Procedure Rule: A New Way Forward

Gardiner Roberts LLP
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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit...

CanadaLitigation, Mediation & Arbitration
Kevin Fisher
Kevin Fisher
Dara Hirbod
Dara Hirbod
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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the Simplified Procedure rule (Rule 76 of the Rules of Civil Procedure) and then proceed with a summary judgment motion under Rule 20, to try and have the matter dealt with quickly and efficiently.

Indeed, this approach has been affirmed by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 1 SCR 87, ("Hryniak") and other decisions which have encouraged utilizing summary judgment motions as a means to obtain timely and just adjudication of claims such as these.

However recently, in Singh v. Concept Plastics Limited, 2016 ONCA 815, ("Singh"), the Ontario Court of Appeal (the "ONCA") appeared to deal, what some commentators consider, a serious death blow to the use of the Simplified Procedure in this manner and essentially indicated that the Simplified Procedure might

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