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ARTICLE · 27 JANUARY 2014

Summary Judgment Update Supreme Court Signals Culture Shift To Greater Access To Justice

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The Supreme Court of Canada today released a much-anticipated decision in Hryniak v Mauldin, 2014 SCC 7 ("Hryniak"), that calls for greater access to affordable, timely and just adjudication of claims

CanadaLitigation, Mediation & Arbitration
Jason Beitchman
Jason Beitchman
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The Supreme Court of Canada today released a much-anticipated decision in Hryniak v Mauldin, 2014 SCC 7 ("Hryniak"), that calls for greater access to affordable, timely and just adjudication of claims. The Hryniak case addresses amendments to Ontario's summary judgment Rule made in 2010, and the subsequent interpretation of that amended Rule by the Ontario Court of Appeal in Combined Air Mechanical Services Inc v Flesch, 2011 ONCA 764 ("Combined Air").

The Court signalled that, in light of the increasing complexity and expense associated with trials, a shift in culture was necessary to allow more cases to be determined by motion for summary judgment. This shift is intended to reflect the "modern reality" of civil litigation and entails "simplifying pre-trial procedures and moving the emphasis away from the conventional trial in favour of proportional procedures tailored to the needs of the particular case."1

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