An explanation of the Court of Appeal's decision and its subsequent application
In December 2011, the Court of Appeal for Ontario provided much-needed clarification on the scope and purpose of Ontario's new summary judgment rule (Combined Air Mechanical Services Inc. v Flesch, 2011 ONCA 764). The issue was important enough that the Court joined together five very different appeals from summary judgment motions, and the appeals were heard by a rare five-judge civil panel. Published in the July 2012 edition of Civil Writes- the CBA National Civil Litigation Section Newsletter.
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