The Latest From The Supreme Court Of Canada On Summary Judgments

On January 23, 2014, the Supreme Court of Canada released its reasons in Hryniak v. Mauldin.  The case continues the current trend of lowering the bar on the test for summary judgments.

The Court made a number of observations about the fact that most people cannot afford to take matters to trial, the importance of ensuring access to justice for all Canadians, and the fact that such access must be provided in a timely way.  Accordingly, according to the Court, "summary judgment rules must be interpreted broadly favouring proportionality and fair access to the affordable, timely and just adjudication of claims."

The Court went on to suggest that even in its current interpretation of Rule 20 of the Rules of Civil Procedure, the Ontario Court of Appeal has set the bar too high.