Is there any jurisdiction for a motion for summary judgment in contested estates matters?

Ontario, Canada


The following excerpt is from Papageorgiou v. Walstaff Estate, 2008 CanLII 32305 (ON SC):

In Knox v. Trudeau, above, Madam Justice Pardu suggested that there may be no jurisdictionfor a motion for summary judgment in contested estates matters, pointing out that there is no provision for such motions in Rule 75. In that case, however, there had already been an order under Rule 75.06 directing a trial of the issue and Pardu J. concluded that in such circumstances a party could not come back and argue that the matter should not proceed to trial. She also held that, in any event, the case before her was not suitable for summary judgment.

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