Supreme Court Of Canada Weighs In On Test For Summary Judgment

p>On January 23, 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin¹ regarding the test for summary judgment under Rule 20 of the Rules of Civil Procedure and judges' powers to weigh evidence, evaluate credibility and draw reasonable inferences, newly introduced in 2010.² The decision provides a much-anticipated review of the "full appreciation test" introduced by the Court of Appeal of Ontario in Combined Air Mechanical Services Inc. v Flesch.³  

Background and facts

The plaintiffs in Mauldin and its companion case Bruno Appliance brought motions for summary judgment, heard together, against Hryniak et al. in an action for civil fraud. The motions judge granted the plaintiffs' summary judgment motions in both instances. The Court of Appeal for Ontario upheld the decision to grant summary judgment in Mauldin but reversed the decision in Bruno Appliance, holding that a trial was necessary to parse the issues relating to the allegations