The judiciary has occasionally been criticized by the litigation bar for not taking advantage of the summary judgment procedures set out in the Court Rules. Indeed, it seems that a summary judgment is granted only in exceptional circumstances and a judge may be more prone to "kick the can down the road" rather than making the more difficult decision based solely on affidavit materials. This often leads to extensive time delays, unnecessary legal costs and disappointment with the dispensation of justice.
A recent decision by the Ontario Superior Court of Justice may be a game-changer in the Court's use of summary judgment motions, and notably, even in matters which are very complex and involve extremely large sums of money.
To view the article in full click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
