The Practical New Face Of Summary Judgment Motions

On January 23, 2014, the Supreme Court of Canada released its decision in the case of Hryniak v. Mauldin, in which is signaled a fundamental shift in the way that summary judgment motions are to be handled in the Province of Ontario.

A scheduling decision, released last week by Justice Brown of the Commercial List in Toronto, provides the first insight as to how summary judgment motions may be changing on a practical level.

Justice Brown noted, correctly, that it is conceivable that parties may end up having to make up to three appearances in connection with motions for summary judgment. The first being an initial motion for directions from the judge, the second being the actual argument of the summary judgment motion and the third being a second hearing involving viva voce evidence, should the motions judge decide that oral evidence is necessary.