As a litigant, perhaps the most ill-advised litigation strategy is bringing a tactical summary judgment motion to delay and avoid accountability, especially when your own conduct may not withstand judicial scrutiny. When you bring a motion for summary judgment to try to validate a scheme to earn a secret profit built on deceit and nondisclosure, you should not be surprised when your motion boomerangs right back at you.
In Macgillivray v Poirier, the defendants, Ronald J. Poirier and Tullio Provenzano, brought a summary judgment motion (a request that the court decide the case without a full trial) that backfired. Justice R. Dan Cornell of the Ontario Superior Court of Justice granted boomerang judgment in favour of the plaintiff, Roy D. Macgillivray, after finding breaches of fiduciary duty, deceit, and unlawful means conspiracy.
