"Fully Appreciating the New Ontario Summary Judgment Regime",
International Law Office, January 2012
Date:
January 31 2012
In this article, Michael Schafler and John Zerucelli discuss Combined Air Mechanical Services Inc v. Flesch, a decision of the Ontario Court of Appeal that clarified the scope and availability of the summary judgment procedure in Ontario.
The court has introduced a new legal test – the 'full appreciation' test, which directs when a court may resolve a case by way of summary judgment under Rule 20 of the Rules of Civil Procedure. The court's ruling has provided much-needed clarity as to when summary judgment is appropriate. Essentially, if a case is too complicated (from an evidentiary point of view), a trial will be required. On the other hand, a motion court judge does have the power to hear viva voce evidence to clarify simple issues. How this theoretical framework will unfold remains to be seen.
Republished with permission.
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