The Supreme Court Of Canada Seeks To Improve Access To Justice Through Expanded Summary Judgment Motions

The Supreme Court of Canada has released its much anticipated decision dealing with summary judgment motions. In a welcome outcome, the Court has lowered the bar for obtaining summary judgments, such that many parties and the court system may be able to avoid the unnecessary delays and costs that come with full blown discovery and trials.

In Hyrniak v. Mauldin etc al., 2014 SCC 7, the Court recognizes that trials are not required to decide all cases and that other, less costly, forms of adjudication are equally legitimate. The Court cautions that the rule of law is threatened when ordinary citizens cannot access justice.

The Court states that the principal goal of the justice system remains the same: a fair process that results in a just adjudication of disputes. A fair and just process must permit a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found. However, that process is illusory unless it