In Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada
considered Ontario's civil procedure rules 20.04(2.1) and
(2.2). These rules were implemented in 2010 to allow judges hearing
an application for summary judgment to weigh evidence, evaluate the
credibility of such evidence, and draw any reasonable inference
from the evidence accepted. A judge also has the discretion to hear
oral evidence from the parties.
Justice Karakatsanis, writing for a unanimous Court, described
the necessity of change in civil procedure in order to ensure
access to civil justice, saying:
Increasingly, there is recognition that a culture shift is
required in order to create an environment promoting timely and
affordable access to the civil justice system. This shift 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. The balance between
procedure and
