Introduction
In R & V Construction v. Baradaran1 (the
"Baradaran Decision"), the Ontario
Superior Court of Justice ruled that masters cannot weigh evidence,
assess credibility, or draw reasonable inferences when determining
motions for summary judgment. Parties to construction litigation
should be mindful of the Baradaran Decision and its
implications.
Summary Judgment and Construction Litigation
A motion for summary judgment is a procedure that allows a judge
or master to make a final determination of a claim or defence by
way of a motion, rather than a full trial. When properly used,
motions for summary judgment can reduce the time required to
complete the litigation process, reduce the costs associated with
trial, and save judicial resources.
