What Does It Mean For Employment Law? Supreme Court Of Canada Rewrites Test For Summary Judgment

On January 23, 2014 the Supreme Court of Canada released its decision in Hryniak v. Mauldin, overturning the Ontario Court of Appeal's test for the appropriateness of summary judgments and replacing it with a broader test aimed at increasing access to justice for ordinary Canadians.

The decision speaks to how access to justice can be achieved by simplifying pre-trial procedures and moving away from the conventional trial model in appropriate cases. In reaching this conclusion, the decision emphasizes that a "cultural shift" is required in order to promote fair, timely and affordable access to the civil justice system. This may result in the increased use of summary judgment motions in certain types of employment law cases, particularly wrongful dismissal actions where cause is not an issue.