Supreme Court Of Canada Refines Approach To Summary Judgment Motions

On January 23, 2014, the Supreme Court of Canada released companion decisions in Hyrniak v. Mauldin (Hyrniak) and Bruno Appliance and Furniture Inc. v. Hyrniak (Bruno Appliance) reforming the test for summary judgment motions previously adopted by the Court of Appeal for Ontario and broadening the circumstances under which judges may entertain such motions.  In doing so, the Supreme Court of Canada made clear that access to justice concerns necessitate a more proportionate approach to dispute resolution and that summary judgment motions can be a viable alternative in appropriate circumstances to presumptively ordering a trial.

The decision in Hyrniak grants judges more latitude to use the Rules of Civil Procedure to develop procedures to resolve disputes more efficiently.  While the decision's emphasis on access to justice and proportionality are in line with the stated broader goals of class proceedings legislation which also include access to justice as well as